LD 1295
pg. 13
Page 12 of 67 An Act To Enact the Uniform Mediation Act Page 14 of 67
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LR 464
Item 1

 
example, statutes and court rules providing standards for
mediators, setting limits of compulsory participation in
mediation, and providing mediator qualifications would remain in
force.

 
The matter may be less clear if the existing provisions
relate to the mediation privilege. Legislative notes provide
guidance on some key issues. Nevertheless, in order to achieve
the simplicity and clarity sought by the Act, it will be
important in each State to review existing privilege statutes
and specify in Section 15 which will be repealed and which
will remain in force.

 
Sec. 1. 14 MRSA Pt. 8 is enacted to read:

 
PART 8

 
MEDIATION

 
CHAPTER 801

 
UNIFORM MEDIATION ACT

 
§10001. Title

 
This chapter may be cited as "the Uniform Mediation Act."

 
§10002. Definitions

 
In this chapter, the following terms have the following
meanings.

 
1.__Mediation. "Mediation" means a process in which a
mediator facilitates communication and negotiation between
parties to assist them in reaching a voluntary agreement
regarding their dispute.

 
2.__Mediation communication.__"Mediation communication"
means a statement, whether oral or in a record or verbal or
nonverbal, that occurs during a mediation or is made for
purposes of considering, conducting, participating in,
initiating, continuing or reconvening a mediation or retaining
a mediator.

 
3.__Mediation party.__"Mediation party" means a person that
participates in a mediation and whose agreement is necessary
to resolve the dispute.

 
4.__Mediator. "Mediator" means an individual who conducts a
mediation.


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