Uniform Mediation Law Proposed.

• Position: Brief Article

The buzzword is mediation (also known as consensus building, creative problem solving or conflict resolution). And what was once just a growing trend now has the momentum to take over the country.

Current legal rules on mediation can be found in more than 2,500 statutes. Generally, these laws seek to reduce adversarial litigation by using a facilitator, who negotiates between the parties to reach an amicable solution.

But not all states agree on the "when" or "how" of using mediation. For example, there are more than 250 statutes on mediation confidentiality and privilege alone. Few are comprehensive.

Because of the vast legal applications, most states view mediation as beneficial. This has prompted the National Conference of Commissioners on Uniform State Laws (NCCUSL), joined by the American Bar Association, to draft the Uniform Mediation Act.

Under the act:

* Mediation communication is confidential.

* Exceptions to confidentiality include: a threat to inflict injury; attempts to commit or conceal a crime; efforts to prove or disprove abuse, neglect or exploitation.

* An attorney or other individual of any background or profession can serve as the facilitator in mediation.

The law will not apply to collective bargaining, judicial conferences or minors.

Drafters are typically cautious of...