Title 16 — Particular Actions, Proceedings and Matters. [Enacted title]

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c) ), or aut…

When the surety, or his personal representatives, of an officer, commissioner, receiver, or trustee appointed under a decree of court and required to give bond apprehends himself to be in danger of suffering from the suretyship, and petitions the court to be relieved from the sur…

Where a person recovers a judgment or money decree against the principal debtor and a surety or indorser, and the judgment is satisfied by the surety or indorser, the latter may have the judgment or money decree entered by the clerk to his use and have execution in his own name a…

For the purposes of this chapter, the term: (1) “Mediation” means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. (2) “Mediation communication” means a statement, whe…

(a) Except as otherwise provided in subsection (b) or (c) of this section, this chapter applies to a mediation in which: (1) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency,…

(a) Except as otherwise provided in § 16-4205, a mediation communication is privileged as provided in subsection (b) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by § 16-4204. (b) In a proceeding,…

(a) A privilege under § 16-4203 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (1) In the case of the privilege of a mediator, it is expressly waived by the mediator; and (2) In the case of the privilege of a…

(a) There is no privilege under § 16-4203 for a mediation communication that is: (1) In an agreement evidenced by a record signed by all parties to the agreement; (2) Available to the public under § 1-207.42, or made during a session of a mediation which is open, or is required b…

(a) Except as permitted in subsection (b) of this section, a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, arbitrator, or other authority that may make a ruling on t…

Unless subject to § 1-207.42, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of the District of Columbia.

(a) Before accepting a mediation, an individual who is requested to serve as a mediator shall: (1) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiali…

(a) An attorney or other individual designated by a mediation party may accompany the party to and participate in a mediation. (b) A waiver of participation given before the mediation may be rescinded.

(a) For the purposes of this section, the term: (1) “International commercial mediation” means an international commercial conciliation as defined in Article 1 of the Model Law. (2) “Model Law” means the Model Law on International Commercial Conciliation adopted by the United Nat…

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), but this chapter does not modify, limit, or supersede section 101(c) of that act [15 U.S.C. § 7001…

In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

On or after January 1, 2007, this chapter governs a mediation pursuant to a referral or an agreement to mediate, whenever made.

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For the purposes of this chapter, the term: (1) “Arbitration organization” means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator. (2) “A…

(a) Except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. (b) A person has notice if the …

(a) This chapter governs an agreement to arbitrate made on or after [February 27, 2008]. (b) This chapter governs an agreement to arbitrate made before [February 27, 2008] if all the parties to the agreement or to the arbitration proceeding so agree in a record. (c)(1) Any provis…

(a) Except as otherwise provided in subsections (b) and (c) of his section, a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this chapter to the extent permitted by law. (b) Before a controv…

(a) Except as otherwise provided in § 16-4427, an application for judicial relief under this chapter shall be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions. (b) Unless a civil action involving the agreement to …

(a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract. (b) Th…

(a) On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement: (1) If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and (2) If the refusi…

(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same ext…

(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice …

(a) Except as otherwise provided in subsection (c) of this section, upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if: (1) There are separat…

(a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method shall be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a …

(a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding, and to any other arbitrators, any known facts that a reasonable p…

If there is more than one arbitrator, the powers of an arbitrator shall be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under § 16-4415(c).

(a) An arbitrator is immune from civil liability to the same extent as a judge of a court of the District of Columbia acting in a judicial capacity. (b) The immunity afforded by this section supplements any immunity under other law. (c) The failure of an arbitrator to make a disc…

(a) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration pro…