NATIONAL ASSOCIATION FOR COMMUNITY MEDIATION

“INTEREST STATEMENT” on the UNIFORM MEDIATION ACT

Based on inquiries and requests from member centers, NAFCM has developed this “Interest Statement” on the Uniform Mediation Act (“UMA”).

INTEREST: That the independence of community mediation be preserved and that adoption of any legislation not curtail, limit or negatively impact the valuable work of community mediation centers throughout the country.

Based on the interest stated above, NAFCM opposes the passage of the Unified Mediation Act for the following reasons:

• Despite the broad scope of the UMA, it does not fairly represent the collective interests of community mediation centers or the variety of programs and services they provide.
• UMA weakens existing confidentiality protections through its “exceptions.”
• UMA does not respond to the local community because of its focus on uniformity.  It weakens the opportunity for more appropriate and culturally sensitive forms of justice and adversely affects the creativity and potential growth of mediation.

If adopted in any state where there is existing legislation authorizing community mediation, NAFCM strongly encourages legislators to follow the example of the state of Nebraska—the only state that has passed the UMA as of August 2003.  The Nebraska act states "the Uniform Mediation Act is intended to address issues of privilege and does not diminish any other mediation requirements of the statutes of Nebraska," thus preserving the high-quality, community-oriented and cost-effective practice of community mediation centers in that state.

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NAFCM strongly opposes passage of the UMA because it compromises the independent nature of community mediation and hampers the mediation participant’s ability to fully disclose information.  

For the text of the Act and information about legislative activity regarding the Act in states where it has been introduced, go to:

http://www.nccusl.org/  click on "Mediation Act" in the drop down box and click "Search"

August 21, 2003