78B-10-103. Scope.
(1) Except as otherwise provided in Subsectionor, this chapter applies to a mediation in which: (2) (3) the mediation parties are required to mediate by statute, court, or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator; the mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or the mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by an entity that holds itself out as providing mediation.
(2) The chapter does not apply to a mediation: relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship; relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that the chapter applies to a mediation arising out of a dispute that has been filed with an administrative agency or court; conducted by a judge as a part of the judge's official judicial duties; or conducted under the auspices of: a primary or secondary school if all the parties are students; or a correctional institution for youths if all the parties are residents of that institution.
(3) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under Sectionsthroughdo not apply to the mediation or part agreed upon. However, Sectionsthroughapply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made. 78B-10-104 78B-10-106 78B-10-104 78B-10-106