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do not have the substantial rights under additional sections | | that are provided to parties. Rather, these non-party | | participants are granted a more limited privilege under Section | | 4(b)(3). Parties seeking to apply restrictions on disclosures by | | such participants - including their attorneys and other | | representatives - should consider drafting such a | | confidentiality obligation into a valid and binding agreement | | that the participant signs as a condition of participation in | | the mediation. |
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| | | A mediation party may participate in the mediation in person, | | by phone, or electronically. A person, as defined in Section | | 2(6), may participate through a designated agent. If the party | | is an entity, it is the entity, rather than a particular | | agent, that holds the privilege afforded in Sections 4-6. |
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| | | 6. Section 2(6). "Person." |
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| | | Sections 2(6) adopts the standard language recommended by the | | National Conference of Commissioners of Uniform State Laws for | | the drafting of statutory language, and the term should be | | interpreted in a manner consistent with that usage. |
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| | | 7. Section 2(7). "Proceeding." |
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| | | Section 2(7) defines the proceedings to which the Act applies, | | and should be read broadly to effectuate the intent of the | | Act. It was added to allow the Drafters to delete repetitive | | language throughout the Act, such as judicial, administrative, | | arbitral, or other adjudicative processes, including related | | pre-hearing and post-hearing motions, conferences, and | | discovery, or legislative hearings or similar processes. |
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| | | 8. Section 2(8). "Record" and Section 2(9). "Sign." |
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| | | These Sections adopt standard language approved by the Uniform | | Law Conference that is intended to conform Uniform Acts with | | the Uniform Electronic Transactions Act (UETA) and its federal | | counterpart, Electronic Signatures in Global and National | | Commerce Act (E-Sign) (15 U.S.C 7001, etc seq. (2000). |
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| | | Both UETA and E-Sign were written in response to broad | | recognition of the commercial and other use of electronic | | technologies for communications and contracting, and the | | consensus that the choice of medium should not control the | | enforceability of transactions. These Sections are consistent | | with both UETA and E-Sign. UETA has been adopted by the | | Conference and received the approval of the American Bar | | Association House of Delegates. As of December 2001, it had | | been enacted in more than 35 states. See also Section 11, | | Relation | | to Electronic Signatures in Global and National Commerce Act. |
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| | | The practical effect of these provisions is to make clear that | | electronic signatures and documents have the same authority as |
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