edits and updates should be forwarded to Chuck Doran at Mediation Works Incorporated  cdoran@mwi.org

additional information and updates can be found at www.mwi.org/uma

1. District of Columbia (D.C.Code §§ 16-4201 to 16-4213)
2. Illinois (710 ILCS 35/11 to 35/99)
3. Iowa (I.C.A. §§ 679C.101 to 679C.115)
4. Nebraska (Neb. Rev. Stat. §§ 25-2930 to 25-2942)
5. New Jersey (N.J.S.A. 2A:23C-1 to 2A:23C-13)
6. Ohio (Ohio R.C. §§ 2710.01 to 2710.10)
7. Utah (Utah Code Ann. 78-31c-101 to 78-31c-114)
8. Vermont (Vt. Stat. Ann. tit. 12, §§ 5711 to 5723)
9. Washington (West’s RCWA 7.07.010 to 7.07.904)

Section (§)
Number and Title

Original UMA Text

Individual State Modifications

Modifications

Illinois – Uniform Mediation Act

Iowa – Uniform Mediation Act

Nebraska – Uniform Mediation Act

New Jersey – Uniform Mediation Act

Ohio – Uniform Mediation Act

Utah – Utah Uniform Mediation Act

Vermont – Vermont Uniform Mediation Act

Washington – Uniform Mediation Act

Modifications

(1)  “Mediation” means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.

(2)  “Mediation communication” means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.

(3)  “Mediator” means an individual who conducts a mediation.

(4)  “Nonparty participant” means a person, other than a party or mediator, that participates in a mediation.

(5)  “Mediation party” means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.

(6)  “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.

(7)  “Proceeding” means:

(A) a judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery; or

(B) a legislative hearing or similar process.

(8)  “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(9)  “Sign” means:

(A) to execute or adopt a tangible symbol with the present intent to authenticate a record; or

(B) to attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.

NEW JERSEY
Subd. (2) provides:
” ‘Mediation communication’ means a statement, whether verbal or nonverbal or in a record, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator. A mediation communication shall not be deemed to be a public record under P.L.1963, c. 73 (C.47:1A-1 et seq.) as amended and supplemented by P.L.2001, c. 404 (C.47:1A-5 et seq.).”

OHIO
Subd. (6) provides:
” ‘Person’ means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, agency or instrumentality of the state or of any political subdivision of the state, public corporation, or any other legal or commercial entity.”

UTAH
In subd. (2), inserts “conduct or” preceding “a statement”.
In subd. (3), inserts “is neutral and” preceding “conducts a mediation”.

VERMONT
In subd. (5), omits “Mediation” preceding “party”.
In subd. (8), inserts “except in the phrase ‘record of proceeding,’ “preceding “means information”.

Adds a definition, which provides:
” ‘Court’ means a court of competent jurisdiction in Vermont.”

Modifications

(a)  Except as otherwise provided in subsection (b) or (c), this [Act] applies to a mediation in which:

(1) the mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator;

(2) the mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or

(3) the mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by a person that holds itself out as providing mediation.

(b)  The [Act] does not apply to a mediation:

(1) relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;

(2) relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that the [Act] applies to a mediation arising out of a dispute that has been filed with an administrative agency or court;

(3) conducted by a judge who might make a ruling on the case; or

(4) conducted under the auspices of:

(A) a primary or secondary school if all the parties are students or

(B) a correctional institution for youths if all the parties are residents of that institution.

(c) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under Sections 4 through 6 do not apply to the mediation or part agreed upon.  However, Sections 4 through 6 apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.

Legislative Note: To the extent that the Act applies to mediations conducted under the authority of a State’s courts, State judiciaries should consider enacting conforming court rules.

In subsec. (b)(4), adds a paragraph [designated (C) in the District of Columbia act], which provides:

“(C) The Office of the Attorney General for the District of Columbia or the Mayor, if the mediation arises from a consumer complaint under authority of Chapter 39 of Title 28 of the District of Columbia Official Code, and one of the mediation parties is the consumer complainant.”

In subsec. (c), inserts “mediation” preceding “parties agree in advance”.

IOWA
In subsec. (c), in the first sentence inserts “mediation” preceding “parties” twice.

NEBRASKA
In subsec. (b)(4)(B), inserts “and the mediator” following “if all the parties”.

NEW JERSEY
In subsec. (a)(1), substitutes “by statute, court rule or” for “by statute or court or”.

In subsec. (b)(1), adds “or to any mediation conducted by the Public Employment Relations Commission or the State Board of Mediation” following “bargaining relationship”.

In subsec. (b)(2), substitutes “filed with a court or an administrative agency other than the Public Employment Relations Commission or the State Board of Mediation” for “filed with an administrative agency or court”.

In subsec. (b)(4)(B), substitutes “a juvenile detention facility or shelter” for “a correctional institution for youths”.

Subsec. (c) provides:

“If the parties agree in advance in a signed record, or a record of proceeding so reflects, that all or part of a mediation is not privileged, the privileges under sections 4 through 6 of P.L.2004, c.157 (C. 2A:23C-4 through 2A:23C-6) shall not apply to the mediation or part agreed upon. Sections 4 through 6 of P.L.2004, c.157 (C. 2A:23C-4 through 2A:23C-6) shall apply to a mediation communication made by a person who has not received actual notice of the agreement before the communication is made.”

OHIO
In subsec. (b)(3), inserts “or magistrate” following “judge”.

UTAH
In subsec. (a)(3), substitutes “an entity that holds itself out” for “a person that holds itself out”.

VERMONT
In subsecs. (a)(1) and (a)(2), omits “mediation” preceding “parties”.

Subsec. (a)(3) provides:

“the parties utilize as a mediator a person that holds himself or herself out as providing mediation services.”

In subsec. (b)(2), substitutes “filed with a court or with a public agency other than the federal mediation and conciliation service or the Vermont labor relations board” for “filed with an administration agency or court”.

Subsec. (b)(4) provides:

“conducted under the auspices of a primary or secondary school where all the parties are students, or under the auspices of a correctional institution for youths where all the parties are residents of that institution; or”

Subsec. (c) provides:

“If the parties agree in advance that all or part of a mediation is not privileged, the privileges under sections 5715 through 5717 of this title do not apply to the mediation or part agreed upon. The agreement must be in a signed record or reflected in the record of a proceeding. However, sections 5715 through 5717 of this title apply to a mediation communication made by a person who has not received actual notice of the agreement before the communication is made.”

WASHINGTON
Omits subsecs. (b)(1) and (b)(2).

Modifications

(a)  Except as otherwise provided in Section 6, a  mediation communication is privileged as provided in subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by Section 5.

(b)  In a proceeding, the following privileges apply:

(1)  A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.

(2)  A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.

(3)  A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.

(c)  Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.

Legislative Note:  The Act does not supersede existing state statutes that make mediators incompetent to testify, or that provide for costs and attorney fees to mediators who are wrongfully subpoenaed.  See, e.g., Cal. Evid. Code Section 703.5 (West 1994).

In subsec. (b)(1), omits “mediation” preceding “party”.

Modifications

(a)  A privilege under Section 4 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:

(1) in the case of the privilege of a mediator, it is expressly waived by the mediator; and

(2) in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.

(b)  A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under Section 4, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.

(c)  A person that intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under Section 4.

In subsec. (a), in the introductory paragraph, inserts “mediation” preceding “parties”.

Modifications

(a)  There is no privilege under Section 4 for a mediation communication that is:

(1) in an agreement evidenced by a record signed by all parties to the agreement;

(2) available to the public under [insert statutory reference to open records act] or made during a session of a mediation which is open, or is required by law to be open, to the public;

(3) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;

(4) intentionally used to plan a crime, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity;

(5) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;

(6) except as otherwise provided in subsection (c), sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or

(7) sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the

[Alternative A: [State to insert, for example, child or adult protection] case is referred by a court to mediation and a public agency participates.]

[Alternative B: public agency participates in the [State to insert, for example, child or adult protection] mediation].

(b)  There is no privilege under Section 4 if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and that the mediation communication is sought or offered in:

(1) a court proceeding involving a felony [or misdemeanor]; or

(2) except as otherwise provided in subsection (c), a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.

(c)  A mediator may not be compelled to provide evidence of a mediation communication referred to in subsection (a)(6) or (b)(2).

(d)  If a mediation communication is not privileged under subsection (a) or (b), only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted.  Admission of evidence under subsection (a) or (b) does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.

Legislative Note:  If the enacting state does not have an open records act, the following language in paragraph (2) of subsection (a) needs to be deleted:  “available to the public under [insert statutory reference to open records act] or”.

ILLINOIS
In subsec. (a)(7), uses Alternative A.

IOWA
Subsec. (a) [designated 1 in the Iowa act] provides:

“1. No privilege exists under section 679C.104 for a mediation communication that involves any of the following:

“a. An agreement evidenced by a record signed by all mediation parties to the agreement.

“b. A communication that is available to the public under chapter 22 or made during a session of a mediation which is open, or is required by law to be open, to the public.

“c. A threat or statement of a plan to inflict bodily injury or commit a crime of violence.

“d. A plan to commit or attempt to commit a crime, the commission of a crime, or activity to conceal an ongoing crime or ongoing criminal activity.

“e. A communication that is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator.

“f. Except as otherwise provided in subsection 3, a communication that is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a mediation party based on conduct occurring during a mediation.

“g. A communication that is sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the child or adult protection case is referred by a court to mediation and a public agency participates.”
NEBRASKA
Subsec. (a)(7) provides:

“sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party.”

NEW JERSEY
In subsec. (a)(2), omits “available to the public under [insert statutory reference to open records act] or” preceding “made during a session”.

In subsec. (a)(3), omits “of violence” following “commit a crime”.

In subsec. (a)(4), omits “or commit” following “attempt to commit”.

In subsec. (a)(5), omits “of professional misconduct or malpractice” following “claim or complaint”, and adds “arising out of a mediation” following “mediator”.

Subsec. (a)(7) now provides:

“sought or offered to prove or disprove child abuse or neglect in a proceeding in which the Division of Youth and Family Services in the Department of Human Services is a party, unless the Division of Youth and Family Services participates in the mediation.”

Subsec. (b)(1) provides:

“a court proceeding involving a crime as defined in the ‘New Jersey Code of Criminal Justice,’ N.J.S. 2C:1-1 et seq.; or”

OHIO
Section provides:

“(A) There is no privilege under section 2710.03 of the Revised Code for a mediation communication to which any of the following applies:

“(1) The mediation communication is contained in a written agreement evidenced by a record signed by all parties to the agreement.

“(2) The mediation communication is available to the public under section 149.43 of the Revised Code or made during a session of a mediation that is open, or is required by law to be open, to the public;

“(3) The mediation communication is an imminent threat or statement of a plan to inflict bodily injury or commit a crime of violence.

“(4) The mediation communication is intentionally used to plan, attempt to commit, or commit a crime or to conceal an ongoing crime or ongoing criminal activity.

“(5) The mediation communication is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator.

“(6) Except as otherwise provided in division (C) of this section, the mediation communication is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation.

“(7) Except as provided in sections 2317.02 and 3109.052 of the Revised Code, the mediation communication is sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the case is referred by a court to mediation and a public agency participates.

“(8) The mediation communication is required to be disclosed pursuant to section 2921.22 of the Revised Code.

“(9) The mediation communication is sought in connection with or offered in any criminal proceeding involving a felony, a delinquent child proceeding based on what would be a felony if committed by an adult, or a proceeding initiated by the state or a child protection agency in which it is alleged that a child is an abused, neglected, or dependent child.

“(B) There is no privilege under section 2710.03 of the Revised Code if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that the disclosure is necessary in the particular case to prevent a manifest injustice, and that the mediation communication is sought or offered in either of the following:

“(1) A court proceeding involving a misdemeanor;

“(2) Except as otherwise provided in division (C) of this section, a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.

“(C) A mediator may not be compelled to provide evidence of a mediation communication referred to in division (A)(6) or (B)(2) of this section.

“(D) If a mediation communication is not privileged under division (A) or (B) of this section, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under division (A) or (B) of this section does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.”

UTAH
Subsec. (a)(7) provides:

“subject to the reporting requirements in Section 62A-3-305 or 62A-4a-403.”

VERMONT
Subsec. (a)(5), (a)(6), and (a)(7) provide:

“(5) sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, but this exception does not apply where a child or adult protection case is referred by a court to mediation and a public agency participates in the mediation;”

“(6) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator; or”

“(7) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a party, nonparty participant, or representative of a party based on conduct occurring during a mediation, except as otherwise provided in subsection (c) of this section.”

Subsec. (b) provides:

“There is no privilege under section 5715 of this title if a court, administrative agency, or arbitration panel finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and that the mediation communication is sought or offered in:

“(1) a criminal proceeding in district court;

“(2) a child protection proceeding under chapter 49 or 55 of Title 33;

“(3) a protection proceeding involving a vulnerable adult under chapter 69 of Title 33; or

“(4) a proceeding to prove a claim to rescind or reform, or a defense to avoid liability on, a contract arising out of the mediation, except as otherwise provided in subsection (c) of this section.”

WASHINGTON
Subsec. (a)(2) provides:

“Made during a session of a mediation which is open, or is required by law to be open, to the public;”

Subsec. (a)(7) provides:

“Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the public agency participates in the child or adult protection mediation.”

In subsec. (b), in the introductory paragraph, omits “, administrative agency, or arbitrator” preceding “finds”.

In subsec. (b)(1), inserts “criminal” preceding “court”, and omits “[or misdemeanor]“.

Adds a subsection [designated (5) in the Washington act], which provides:
“(5) Records of mediation communications that are privileged under this chapter are exempt from the requirements of chapter 42.56 RCW.”

Modifications

(a)  Except as required in subsection (b), a  mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation.

(b)  A mediator may disclose:

(1) whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;

(2) a mediation communication as permitted under Section 6; or

(3) a mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment.

(c)  A communication made in violation of subsection (a) may not be considered by a court, administrative agency, or arbitrator.

In subsec. (c), omits “or” preceding “arbitrator”, and adds “, or other authority that may make a ruling on the dispute that is the subject of the mediation” following “arbitrator”.

IOWA
In subsec. (a), substitutes “shall not make a report” for “may not make a report”.

In subsec. (c), substitutes “shall not be considered” for “may not be considered”.

NEW JERSEY
In subsec. (a), inserts “oral or written” preceding “communication”.

Omits subsec. (b)(3).

OHIO
In subsec. (a), inserts “department, agency, or officer of this state or its political subdivisions” following “regarding a mediation to a court,”.

In subsec. (b)(3), substitutes “abuse, neglect, abandonment, or exploitation” for “such mistreatment”.

VERMONT
Combines the provisions of this section and § 9 of the Official text in one section of the Vermont act, which provides:

Ҥ 5718. Mediator report; disclosure; background

(a) A mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, agency, or other authority that may make a ruling on the dispute that is the subject of the mediation, but a mediator may disclose:

“(1) whether the case is not appropriate for mediation, whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;

“(2) a mediation communication as permitted under section 5717 of this title; or

“(3) a mediation communication evidencing abuse, neglect, abandonment, or exploitation of a child or vulnerable adult to a public agency responsible for protecting such individuals against such mistreatment.

“(b) A communication made in violation of subsection (a) of this section may not be considered by a court or other tribunal.

“(c) Subsections (d), (e), (f), and (g) of this section do not apply to an individual acting as a judge.

“(d) Before accepting a mediation, an individual who is requested to serve as a mediator shall:

“(1) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a party or foreseeable participant in the mediation; and

“(2) disclose as soon as is practical before accepting a mediation any such fact known.

“(e) If a mediator learns any fact described in subdivision (d)(1) of this section after accepting a mediation, the mediator shall disclose as soon as is practicable.

“(f) A mediator shall be impartial, unless, after disclosure of the facts required in subsections (d) and (e) of this section, the parties agree otherwise.

“(g) A person who is requested to serve as a mediator shall disclose the mediator’s qualifications to mediate a dispute if requested to do so by a party.

“(h) A person who violates subsection (d), (e), or (f) of this section is precluded from asserting a privilege under section 5715 of this title.

“(i) Unless otherwise required by law, no special qualification by background or profession is necessary to be a mediator under this chapter.”

WASHINGTON
Subsec. (b)(1) provides:

“Whether the mediation occurred or has terminated, whether a settlement was reached, attendance, and efforts to schedule a mediation ordered by a court, administrative agency, or other authority that may make a ruling on the dispute;”

Modifications

“Unless made during a session of a mediation which is open, or is required by law to be open, to the public, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this State.”

OHIO
Section provides:

“Except as provided in sections 121.22 and 149.43 of the Revised Code, mediation communications are confidential to the extent agreed by the parties or provided by other sections of the Revised Code or rules adopted under any section of the Revised Code.”

VERMONT
Omits “or rule of this State” following “provided by law”.

Modifications

(a)  Before accepting a mediation, an individual who is requested to serve as a mediator shall:

(1) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and

(2) disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.

(b)  If a mediator learns any fact described in subsection (a)(1) after accepting a mediation, the mediator shall disclose it as soon as is practicable.

(c)  At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator’s qualifications to mediate a dispute.

(d)  A person that violates subsection [(a) or (b)][(a), (b), or (g)]  is precluded by the violation from asserting a privilege under Section 4.

(e) Subsections (a), (b), [and] (c), [and] [(g)] do not apply to an individual acting as a judge.

(f)  This [Act] does not require that a mediator have a special qualification by background or profession.

[(g)  A mediator must be impartial, unless after disclosure of the facts required in subsections (a) and (b) to be disclosed, the parties agree otherwise.]

Adopts subsec. (g).

ILLINOIS
Adopts subsec. (g).

IOWA

In subsec. (a)(2), substitutes “practicable” for “practical”.
Adopts subsec. (g).

NEBRASKA
In subsec. (c), omits “At the request of a mediation party,” preceding “an individual who is requested”.

Adopts subsec. (g).

NEW JERSEY
In subsec. (d), adds “, but only to the extent necessary to prove the violation” at the end thereof.

Subsec. (e) provides:

“Subsections a, b., c., and g. do not apply to a judge of any court of this State acting as a mediator.”

Subsec. (g) provides:

“A mediator shall be impartial, notwithstanding disclosure of the facts required in subsections a. and b.”

OHIO
Subsec. (e) provides:

“Divisions (A), (B), (C), and (G) of this section do not apply when the mediation is conducted by a judge who might make a ruling on the case.”

Adopts subsec. (g).

UTAH
Omits subsec. (d).

In subsec. (e), adds “or ombudsman” following “judge”.

Adopts subsec. (g).

VERMONT
Combines the provisions of this section and § 7 of the Official text in one section of the Vermont act. See the Variation Note following section 7, ante.

WASHINGTON
Omits subsec. (g).

Modifications

OHIO
Adds a third sentence, which provides: “A mediator may withdraw as mediator at any time.”

WASHINGTON
Section provides:

“An attorney or other individual designated by a party may accompany the party to and participate in a mediation, except that if the dispute being mediated is the subject of pending proceedings under chapter 12.40 RCW, then a party may not be represented by an attorney in mediation unless the party may be represented by an attorney in the proceedings under chapter 12.40 RCW. A waiver of participation given before the mediation may be rescinded.”

(a)  In this section, “Model Law” means the Model Law on International Commercial Conciliation adopted by the United Nations Commission on International Trade Law on 28 June 2002 and recommended by the United Nations General Assembly in a resolution (A/RES/57/18) dated 19 November 2002, and “international commercial mediation” means an international commercial conciliation as defined in Article 1 of the Model Law.

(b)  Except as otherwise provided in subsections (c) and (d), if a mediation is an international commercial mediation, the mediation is governed by the Model Law.

(c)  Unless the parties agree in accordance with Section 3(c) of this [Act] that all or part of an international commercial mediation is not privileged, Sections 4, 5, and 6 and any applicable definitions in Section 2 of this [Act] also apply to the mediation and nothing in Article 10 of the Model Law derogates from Sections 4, 5, and 6.

(d)  If the parties to an international commercial mediation agree under Article 1, subsection (7), of  the Model Law that the Model Law does not apply, this [Act] applies.

Legislative Note.  The UNCITRAL Model Law on International Commercial Conciliation may be found at www.uncitral.org/en-index.htm.  Important comments on interpretation are included in the Draft Guide to Enactment and Use of UNCITRAL Model Law on International Commercial Conciliation.  The States should note the Draft Guide in a Legislative Note to the Act.  This is especially important with respect to interpretation of Article 9 of the Model Law.

ILLINOIS
Omits this section.

IOWA
Omits this section.

NEBRASKA
Omits this section.

NEW JERSEY
Omits this section.

OHIO
Omits this section.

VERMONT
Omits this section.

WASHINGTON
Omits this section.

Modifications

Substitutes “modify or supercede” for “modifies, limits, or supersedes” preceding “the federal Electronic Signatures in Global and National Commerce Act”.

Modifications

Omits “with respect to its subject matter” preceding “among States”.

Modifications

Modifications

Illinois – January 1, 2004

Iowa – Approved April 28, 2005

Nebraska – Approved by the Governor May 13, 2003

New Jersey – November 22, 2004

Ohio – October 29, 2005

Utah – May 1, 2006

Vermont – Approved May 3, 2006

Washington – January 1, 2006

Modifications

(1)

(2)

(3)

Modifications

(a)  This [Act] governs a mediation pursuant to a referral or an agreement to mediate made on or after [the effective date of this [Act]].

(b)  On or after [a delayed date], this [Act] governs an agreement to mediate whenever made.

“On or after January 1, 2007, this chapter governs a mediation pursuant to a referral or an agreement to mediate, whenever made.”

NEBRASKA
Adds a subsection [designated (c) in the Nebraska act], which provides:

“(c) The Uniform Mediation Act is intended to address issues of privilege and does not diminish any other mediation requirements of the statutes of Nebraska.”

NEW JERSEY
Omits this section.

OHIO
Omits this section.

WASHINGTON
Subsec. (b) provides:

“If all parties agree in a signed record or a record of proceeding reflects such an agreement by all parties, then this chapter governs a mediation pursuant to a referral or an agreement to mediate whenever made.”