NCJ Number
89152
Date Published
1982
Length
164 pages
Annotation
This report presents the substance and current status of legislation in 14 States dealing with mediation, arbitration, and conciliation.
Abstract
The 14 States having proposed and pending bills as well as enacted laws on dispute resolution are New York, California, Colorado, Florida, Minnesota, Oklahoma, Texas, Hawaii, Delaware, Ohio, Iowa, Connecticut, North Carolina, and Michigan. Through legislation, the States have generally attempted to provide funding for the establishment of programs and ongoing operations. New York has appropriated more than $1 million to dispute resolution programs, and proposals in Texas would authorize increases in court fees to finance these programs. Legislation has also sought to resolve legal issues related to dispute resolution. Confidentiality is the priority issue. New York's confidentiality provision specifically protects the mediation process. Other proposals deal with the liability of mediators and the enforceability of agreements. Legislation seeks the legitimization of dispute resolution mechanisms as well. This is often sought through the integration of mediation programs into the local community or legal system. A California law establishes mandatory mediation in the areas of child custody and visitation. The appendix includes relevant legislation from New York, California, Colorado, Florida, Minnesota, Oklahoma, Texas, Delaware, Connecticut, and North Carolina. The appendix also includes the Federal Dispute Resolution Act (P.L. 96-190) and an example of a foreign law (New South Wales, Australia).