JAMS Article Uniform Mediation Act : 10 years later

JAMS published recently a timely article by Justin Kelly, entitled “The Uniform Mediation Act Turns 10 This Year.” Here is an excerpt:

The Uniform Mediation Act, adopted 10 years ago, has provided a clear privilege on mediation communications and in the states where it has been adopted, it has been well received by practitioners, parties and the courts, according to academics and practitioners.

The National Conference of Commissioners on Uniform State Laws (NCCUSL) adopted the UMA in 2001 and the American Bar Association followed a year later.

The UMA is designed to provide uniform confidentiality protections for mediation communications across the country. The act establishes a privilege for mediators
and mediation participants to refuse to disclose and prevent others from disclosing communications in subsequent legal proceedings. The privilege is held by the parties, the mediators and non-parties that are involved in the mediation process.

Find the entire piece here.

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