Bill > H38

This bill establishes the Uniform Mediation Act, which aims to standardize certain aspects of mediation, a process where a neutral mediator helps parties communicate and negotiate to reach a voluntary agreement. The Act defines key terms like "mediation," "mediation communication," and "mediator," and outlines when it applies, generally to mediations required by law or agreement, or when a mediator or service holds themselves out as such. It clarifies that the Act does not apply to mediations related to collective bargaining, those conducted by a judge who might rule on the case, or certain mediations within schools or correctional facilities for youths. A central provision is the establishment of a privilege for mediation communications, meaning they are generally confidential and cannot be used as evidence in legal proceedings, though this privilege can be waived by all parties or if the communication is used to plan or conceal a crime, or in specific cases involving professional misconduct or abuse. Mediators are prohibited from reporting on the mediation to authorities unless it's to confirm the mediation's status, settlement, attendance, or to report abuse, neglect, or exploitation. The Act also requires mediators to disclose potential conflicts of interest and maintain impartiality, and allows parties to have legal representation present during mediation.