Title 9 — EVIDENCE

9-801. Short title. This chapter may be cited as the "Uniform Mediation Act."

9-802. Definitions. In this chapter: (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, whether or…

9-803. Scope. (1) Except as otherwise provided in subsection (2) or (3) of this section, this chapter applies to a mediation in which: (a) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administ…

9-804. Privilege against disclosure — Admissibility — Discovery. (1) Except as otherwise provided in section 9-806, Idaho Code, a mediation communication is privileged as provided in subsection (2) of this section and is not subject to discovery or admissible in evidence in a pro…

9-805. Waiver and preclusion of privilege. (1) A privilege under section 9-804, Idaho Code, may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (a) In the case of the privilege of a mediator, it is expressly waive…

9-806. Exceptions to privilege. (1) There is no privilege under section 9-804, Idaho Code, for a mediation communication that is: (a) In an agreement evidenced by a record signed by all parties to the agreement; (b) Available to the public under chapter 1, title 74, Idaho Code, o…

9-807. Prohibited mediator reports. (1) Except as otherwise provided in subsection (2) 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 or other author…

9-808. Confidentiality. Unless subject to chapter 1 or 2, title 74, Idaho Code, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state.

9-809. Mediator’s disclosure of conflicts of interest — Background. (1) Before accepting a mediation, an individual who is requested to serve as a mediator shall: (a) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a …

9-810. Participation in mediation. Unless otherwise provided by court rule or order, an attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded.

9-811. International commercial mediation. (1) In this section, "model law" means the model law on international commercial conciliation adopted by the United Nations commission on international trade law on June 28, 2002, and recommended by the United Nations general assembly in…

9-812. Relation to electronic signatures in global and national commerce act. This chapter modifies, limits or supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but this chapter does not modify, limit or supersede se…

9-813. Uniformity of application and construction. 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.

9-814. Application to existing agreements or referrals. This chapter governs a mediation occurring after the effective date of this chapter pursuant to a referral or an agreement to mediate, whenever made.