|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Jan 09, 2013||referred to judiciary|
senate Bill S139
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S139 - Details
S139 - Summary
Establishes the uniform mediation act; establishes that a mediation communication is privileged and is not subject to discovery or admissible in evidence unless waived or precluded; prohibits certain reports to be made by mediators; establishes that mediation communications are confidential… (view more) requires mediators to disclose conflicts of interests.
S139 - Sponsor Memo
BILL NUMBER:S139 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to establishing the uniform mediation act PURPOSE: This bill would enhance the level of confidentiality afforded to communications made in the context of mediation, require mediators to disclose conflicts of interest and promote uniformity among state mediation laws. SUMMARY OF PROVISIONS: A new Article 74 would be added to the Civil Practice Laws and Rules creating a privilege against the disclosure of communications made in the Course of a mediation; creating a baseline presumption of confidentiality for such communications; setting forth definitions, scope, exceptions, and waivers; setting forth what a mediator may and may not disclose; requiring a mediator to disclose conflicts of interests before accepting a mediation; permitting attorneys or others to represent parties in mediation; guiding construction of the Act by consideration of the need for uniformity among the States; and providing effective dates as to existing and future mediations; and providing for severability.
S139 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 139 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to estab- lishing the uniform mediation act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "uniform mediation act". S 2. The civil practice law and rules is amended by adding a new arti- cle 74 to read as follows: ARTICLE 74 UNIFORM MEDIATION SECTION 7401. DEFINITIONS. 7402. SCOPE. 7403. PRIVILEGE AGAINST DISCLOSURE; ADMISSIBILITY; DISCOVERY. 7404. WAIVER AND PRECLUSION OF PRIVILEGE. 7405. EXCEPTIONS TO PRIVILEGE. 7406. PROHIBITED MEDIATOR REPORTS. 7407. CONFIDENTIALITY. 7408. MEDIATOR'S DISCLOSURE OF CONFLICTS OF INTEREST; BACK- GROUND. 7409. PARTICIPATION IN MEDIATION. 7410. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE. 7411. UNIFORMITY OF APPLICATION AND CONSTRUCTION. S 7401. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00754-01-3
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