Title 36, Civil Remedies And Defenses And Special Proceedings

[§658H-13] Application to existing agreements or referrals. (a) This chapter shall govern a mediation pursuant to a referral for mediation or an agreement to mediate made on or after July 1, 2013. (b) On or after January 1, 2014, this chapter shall govern an agreement to mediate …

[§658H-2] Definitions. In this chapter: "International commercial mediation" means a process, whether referred to by the expression conciliation, mediation, or similar expression, whereby parties: request a third person or persons, who do not have the authority to impose upon the…

§658H-3 Scope. (a) Except as otherwise provided in subsection (b) or (c), this chapter applies to a mediation in which: (b) This chapter shall not apply to a mediation: (c) If the mediation parties agree in advance in a signed record, or a record of proceeding reflects agreement …

[§658H-4] Privilege against disclosure; admissibility; discovery. (a) Except as provided in section 658H-6, a mediation communication is privileged as provided in subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded a…

[§658H-5] Waiver and preclusion of privilege. (a) A privilege under section 658H-4 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (b) A person who discloses or makes a representation about a mediation communi…

[§658H-6] Exceptions to privilege. (a) There is no privilege under section 658H-4 for a mediation communication that is: (b) There is no privilege under section 658H-4 if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discov…

[§658H-7] Prohibited mediator reports. (a) Except as agreed to in writing by the parties or as permitted in subsection (b), a mediator shall not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative…

[§658H-8] Confidentiality. Unless subject to disclosure pursuant to part I of chapter 92 or chapter 92F, mediation communications are confidential to the extent agreed by the mediation parties or provided by other law or rule of this State. [L 2013, c 284, pt of §1]

[§658H-9] Mediator's disclosure of conflicts of interest; background. (a) Before accepting a mediation, an individual who is requested to serve as a mediator shall: (b) If a mediator learns any fact described in subsection (a)(1) after accepting a mediation, the mediator shall di…