FROM: Uniform Mediation Act (“UMA”) Working Group: Israela Brill-Cass, Boston Law Collaborative ibrillcass@BostonLawCollaborative.com 617-439-4700; Charles Doran, Mediation Works Incorporated, cdoran@mwi.org 617-973-9739 x22; Ericka Gray, DisputEd, ebgray@disputed.com or ebgray@comcast.net, 781-643-3577; and

David Hoffman, Boston Law Collaborative dhoffman@BostonLawCollaborative.com 617-439-4700

RE: Legislation Regarding Mediation Confidentiality

Your representation needed at the table – please reply by 9/1/06

Dear Colleagues:

A major discussion about the future of mediation in Massachusetts is under way, and we need your input and representation at the table.

The Uniform Mediation Act (“UMA”) was introduced last year in the Massachusetts legislature and was not acted upon; it will most likely be reintroduced in the next twelve months.  If enacted, it will replace our existing confidentiality statute, M.G.L. ch. 233, s.23C (www.mass.gov/legis/laws/mgl/233-23c.htm).

The UMA addresses the confidentiality of mediation, including many exceptions to confidentiality, conflicts of interest, and disclosure of mediator qualifications.  Unlike the current statute, it does not address training and experience requirements.

In the spring, the Boston Bar Association ADR Committee working group announced to the mediation community that it was involved in drafting a proposed alternative statute to the current confidentiality statute and to the UMA.  We appreciate the thoughtful work done by the BBA working group, which has sought to develop an approach that broadly protects the confidentiality of mediation while preserving some of the features of the UMA.

Our belief is that adapting the UMA to the specific needs of the practice of mediation in Massachusetts is a better approach than drafting a new statute, amending the current one, or passing the UMA without any changes.  There is a value to having a more uniform law for the practice of mediation in Massachusetts and throughout the United States.  However, the UMA currently does not address some of the things that many mediators and mediation programs in Massachusetts value, and which are addressed in the current statute, such as the requirement of 30 hours of mediation training.

Our hope is that the mediation community in Massachusetts, through a collaborative process, can support a statute with a united voice in the Massachusetts legislature. By doing so, we have the best chance of enacting a bill that represents the needs of all mediators and protects the mediation process.

We anticipate that the UMA will be re-introduced within the next twelve months by Stephen Chow, a Massachusetts commissioner of the National Conference of Commissioners on Uniform Laws.  Mr. Chow has expressed interest in learning what recommendations the mediation community has for possible changes in the UMA, while at the same time expressing a strong preference for keeping the statute as close as possible to the national uniform version, which has been enacted so far in nine states.

This is an invitation to attend a series of meetings, with dates to be determined at our first meeting, on the topic of the UMA in Massachusetts.  We encourage each mediation organization listed in the “To” section above to send one or two representatives to the meetings and to anticipate four to six meetings through February.  We also look forward to working with individual mediators, community programs and commercial mediation firms to produce the best legislation possible.  The first meeting will be held at Suffolk Law School in the 4^th Floor Faculty Dining Room on Friday, September 8, 2006 from 9:00 to 11:00 AM.

Meeting information, the UMA text and a summary of modifications made by the states that have adopted the UMA can be found at www.MassUMA.com.

Our hope is that we can obtain the endorsement of as many Massachusetts-based mediation organizations and independent practitioners as possible on a statute that represents a consensus on this subject.   Please RSVP to Israela Brill-Cass at ibrillcass@BostonLawCollaborative.com or to 617-439-4700 by Friday, September 1, 2006.  Also please let us know if you have any questions about the matters discussed in this memo. Thanks very much.

P.S. Everyone is invited to attend.  Please distribute this notice widely.  Our intent is to notify as many mediators in Massachusetts as possible.  Our apologies in advance if you receive this notice more than once.

History of the UMA

The history of the UMA was drafted by the National Conference of Commissioners on Uniform State Laws with representation by and input from Frank Sander, Nancy Rogers, the Association for Conflict Resolution, the American Bar Association Section on Dispute Resolution, and many other individuals and organizations active in the field of ADR. The UMA addresses the confidentiality of mediation, conflicts of interest, and disclosure of mediator qualifications.  Additional information about the UMA can be found at http://www.nccusl.org/Update/DesktopDefault.aspx?tabindex=2&tabid=60 by choosing “Mediation Act” under “Select an Act” and “Massachusetts” under “State”.