NCJ Number
109721
Journal
Mediation Quarterly Issue: 18 Dated: (Winter 1987) Pages: 9-36
Date Published
1987
Length
28 pages
Annotation
In support of a model, uniform mediation statute for each State, this article outlines the components of a model statute, suggests how to get State legislation passed, and compares existing and proposed mediation legislation in nine States.
Abstract
Following title and preamble, the law should define the system of alternative dispute resolution the State intends to mandate. The statute should cover how referrals are made, the relationship of the system to the courts, the quality control of practitioners, funding, accountability, and advisory panels. Other matters that should be addressed in the legislation are the practitioner training, trainer accreditation, and continuing education; standards and ethics; licensing and certification; the subject matter of mediation; mediator removal, recusal, and disqualification; confidentiality and privilege; immunity; and insurance. Remaining legislative components are advertising, the use of volunteers, who attends mediation, and recommendations to the court. The article lists six steps in the development and passage of State legislation and concludes with a brief critique of mediation legislation in Texas, Florida, Illinois, California, Iowa, Kansas, Nebraska, Oklahoma, and Wisconsin. The bills of Texas, Illinois, and Florida are included. 4 references.