Introduction and Overview of Module 9

Module 9 of our mediation training provides an in-depth exploration of the Uniform Mediation Act (UMA), starting with its historical context and the rationale for its development. Prior to the UMA, the U.S. faced a fragmented landscape of mediation laws, creating confusion and inconsistency. This module traces how the Uniform Law Commission and the American Bar Association collaborated to establish a unified legal framework. Key definitions such as “mediation,” “mediator,” and “mediation communication” are thoroughly examined, emphasizing the importance of standardized terminology in promoting clarity and consistency across jurisdictions.

A significant portion of the module focuses on the cornerstones of the UMA: confidentiality and privilege. While often conflated, these concepts have distinct legal meanings and practical implications. Participants will learn how the UMA protects mediation communications, the scope and holders of privilege, and the specific exceptions to these protections. By understanding these nuances, mediators can foster open dialogue and trust among participants. Practical strategies for managing confidentiality in different mediation settings, including joint sessions and caucuses, are also discussed to equip mediators with tools for ethical and effective practice.

The final lecture addresses the enforcement of mediated settlements, ethical obligations of mediators, and potential professional liabilities. Participants will explore how the UMA interacts with contract law, the role of courts in enforcing mediation agreements, and the importance of upholding impartiality, competency, and party self-determination. Ethical pitfalls such as conflicts of interest and mediator bias are highlighted, with practical tips provided for risk management and maintaining professional standards. By the end of the module, mediators will be well-versed in the legal and ethical landscape shaped by the UMA, ready to apply these principles in real-world mediation scenarios.