PENNSYLVANIA LEGISLATION
PA Statute 574-Confidentiality (a) General Rule – Except as provided in subsection (b), all mediation communications and mediation documents are privileged. Disclosure of mediation communications and mediation documents may not be required or compelled through discovery or any other process. Mediation communications and mediation documents shall not be admissible as evidence in any action or proceeding, including, but not limited to, a judicial, administrative or arbitration action or proceeding.(Click on link above for the complete statute) PA Executive Order 2002-7
Executive Order dated June 14, 2002, Integrating Mediation Into State Government (Click on the link above to view the order.)
OTHER LEGISLATION
Dispute Resolution Committee on the Uniform Mediation ActResolved that the Pennsylvania Bar Association oppose adoption of the UMA in its present form and further recommends to the Delegates from Pennsylvania to the American Bar Association House of Delegates that they vote against the Uniform Mediation Act (UMA).
(Click on the link above for the full resolution.)
PREFATORY NOTE
During the last thirty years the use of mediation has expanded beyond its century long home in collective bargaining to become an integral and growing part of the processes of dispute resolution in the courts, public agencies, community dispute resolution programs, and the commercial and business communities, as well as among private parties engaged in conflict.
Public policy strongly supports this development. Mediation fosters the early resolution of disputes. The mediator assists the parties in negotiating a settlement that is specifically tailored to their needs and interests. The parties’ participation in the process and control over the result contributes to greater satisfaction on their part.
Revised Uniform Arbitration Act
Last revised in 2000. (Click on the link above to view the full document)
Alternative Dispute Resolution Committee Of The PA Bar Association
The Uniform Arbitration Act (UAA) was promulgated in 1955 by the National Conference of Commissioners on Uniform State Laws (NCCUSL) Of the forty-nine (49) jurisdictions that have arbitration statutes, thirty-five (35) have adopted the UAA and fourteen (14) have adopted substantially similar legislation.
9 U.S.C. § 1 "Maritime transactions" and "commerce" defined; exceptions to operation of title
"Maritime transactions", as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction; "commerce", as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation, but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce....
Session of 2005 Introduced by Greenleaf, Costa, Lemmond, Orie, Earll, Rafferty, O'Pake, Ferlo, Erickson, Armstrong, Wonderling, Washington AND Boscola, September 19, 2005.
(Click on the link above for the complete Senate Resolution No. 160)
Colorado Apology Statute
(Click on the link above to view the full statute)
Oregon Apology Statute
(Click on the link above to view the full statute)
