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Commission discusses Uniform Mediation Act and whether to amend bylaws
Summary
Commissioners reviewed a new Uniform Mediation Act effective Oct. 1 and debated whether to amend commission bylaws to clarify that the panel conducts informal settlement discussions (not mandatory mediations) to avoid disqualification concerns and preserve confidentiality protections.
Commissioners and counsel discussed a recently enacted Uniform Mediation Act that takes effect Oct. 1 and which includes confidentiality protections and mediator duties that can disqualify decision-makers in some contexts.
Counsel told the commission the act focuses on mediation confidentiality and that "where mediation is required ... there are rules in place that protect confidentiality and ... protect a mediator from having to report back to the public or to the adjudicated body on what was said in mediation," but noted the commission generally does not require mediation. Commissioner Rosenthal questioned whether the Act could be read to cover municipal bodies and suggested amending the commission bylaws to clarify that the commission uses informal settlement discussions rather than statutory mediation that might disqualify commissioners.
Commissioners considered a bylaw amendment that would explicitly label internal meetings as informal settlement discussions, and agreed to prepare a draft amendment for consideration at the next meeting so members could review language before the law takes effect. Commissioners generally agreed the change would be precautionary and should be timed before Oct. 1 if pursued.
The discussion did not result in a formal vote; commissioners asked counsel and Commissioner Fennell to draft proposed bylaw language and circulate it for review ahead of the September meeting.
