|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 26, 2015||referred to judiciary|
senate Bill S4026
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4026 (ACTIVE) - Details
S4026 (ACTIVE) - 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.
S4026 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4026 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to estab- lishing the uniform mediation act PURPOSE: This bill would enhance the level of confidentiality afforded to commu- nications made in the context of mediation, require mediators to disclose conflicts of interest and promote uniformity among state medi- ation 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 confiden- tiality 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 severabil-
S4026 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4026 2015-2016 Regular Sessions I N S E N A T E February 26, 2015 ___________ 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: (A) "MEDIATION" MEANS A PROCESS IN WHICH A MEDIATOR FACILITATES COMMU- NICATION AND NEGOTIATION BETWEEN PARTIES TO ASSIST THEM IN REACHING A VOLUNTARY AGREEMENT REGARDING THEIR DISPUTE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09107-01-5
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