6.__Person. "Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency or instrumentality; public corporation; or any other legal or commercial entity.

7.__Proceeding.__"Proceeding" means:

A.__A judicial, administrative, arbitral or other adjudicative process, including related prehearing and posthearing motions, conferences and discovery; or

B.__A legislative hearing or similar process.

8.__Record.__"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

9.__Sign.__"Sign" means:

A.__To execute or adopt a tangible symbol with the present intent to authenticate a record; or

B.__To attach or logically associate an electronic symbol, sound or process to or with a record with the present intent to authenticate a record.

REPORTER'S NOTES

1. Section 2(1). "Mediation."

The emphasis on negotiation in this definition is intended to exclude adjudicative processes, such as arbitration and fact- finding, as well as counseling. It was not intended to distinguish among styles or approaches to mediation. An earlier draft used the word "conducted," but the Drafting Committees preferred the word "assistance" to emphasize that, in contrast to an arbitration, a mediator has no authority to issue a decision. The use of the word "facilitation" is not intended to express a preference with regard to approaches of mediation. The Drafters recognize approaches to mediation will vary widely.

2. Section 2(2). "Mediation Communication."

Mediation communications are statements that are made orally, through conduct, or in writing or other recorded activity. This definition is aimed primarily at the privilege provisions of