Title 19 — EVIDENCE

This chapter may be cited as the Uniform Mediation Act. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.

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 A waiver of participation given before the mediation may be rescinded. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.

(a) In this section, "Model Law" means the Model Law on International Commercial Conciliation adopted by the United Nations Commission on International Trade Law on 28 June 2002 and recommended by the United Nations General Assembly in a resolution (A/RES/57/18) dated 19 November…

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 Section 101(c) of that Act or authorize electronic delivery of any of the noti…

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. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

(a) This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after January 1, 2008. (b) On or after January 1, 2008, this chapter governs an agreement to mediate whenever made. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2…

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 oral or in a record or…

(a) Except as otherwise provided in subsection (b) or (c), 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, or arbitrator; …

(a) Except as otherwise provided in § 19-13A-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 as provided by §

(a) A privilege under § 19-13A-4 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) There is no privilege under § 19-13A-4 for a mediation communication that is: (1) in an agreement evidenced by a record signed by all parties to the agreement; (2) made during a session of a mediation which is open or is required by law to be open, to the public; (3) a threat…

(a) Except as required in subsection (b), a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subjec…

Unless subject to § 1-25-1 , mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this State. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.

(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…