Many of the existing statutes deal with matters not covered by the Act and need not be repealed in order to provide uniformity because they would not be superceded by the Act. Common examples include authorization of mandatory mediation, standards for mediators, and funding for mediation programs. Similarly, the Act would not supercede statutes relating to mediator qualifications, such as O.R.C. 3109.052(A)(permitting local courts to establish mediator qualifications) and O.R.C. 4117.02(E)(authorizing state employment relations board to appoint mediators according to training, practical experience, education, and character). In such situations, an abundance of caution may counsel in favor of noting specifically in this Section which provisions of current state laws are not being repealed, as well as which ones are being repealed.

On the other hand, in those relatively few instances where the Act directly conflicts, or may directly conflict, with existing state law, states will want to consider the relationship between their current law and the Act. The most prominent examples include those states that have provisions barring attorneys from attending and participating in mediation sessions, and those states that current permit or require mediators to make reports to judges who may make rulings on the case.

§10014.__Application to existing agreements or referrals

1.__New referrals or agreements.__This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after January 1, 2004.

2.__All agreements.__On or after July 1, 2004, this chapter governs an agreement to mediate whenever made.

SUMMARY

This bill enacts the Uniform Mediation Act, effective January 1, 2004.

Detailed explanations are included in the Prefatory Note and the Reporter's Notes for each section.