senate Bill S139

2013-2014 Legislative Session

Establishes the uniform mediation act

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Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

S139 - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 74 ยงยง7401 - 7411, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: S683
2009-2010: S5422

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

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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