WHEREAS, the National Conference of Commissioners of Uniform State Laws ("NCCUSL") has approved and recommended for enactment a Uniform Mediation Act (the "Proposed Mediation Act"); and
WHEREAS, Section 9(d) of the Proposed Mediation Act fails to protect the reasonable expectations of confidentiality by the parties engaging in mediation, is inconsistent with and significantly inferior to the Pennsylvania mediation confidentiality statute, 42 Pa.C.S. § 5949, and is otherwise fatally flawed;
NOW, THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association opposes adoption of the Proposed Mediation Act in its present form and urges the House of Delegates of the American Bar Association to oppose adoption of the Proposed Mediation Act in its present form at its February 2002 meeting in Philadelphia.
PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
ADOPTED: JANUARY 24, 2002