679C.102 Definitions.

266 words·~1 min read·/ia/chapter-679c-mediation/679c-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in this chapter, unless the context otherwise requires:

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, verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.

3. “Mediation party” means an individual who participates in a mediation and whose agreement is necessary to resolve the dispute.

4. “Mediator” means an individual who conducts a mediation.

5. “Nonparty participant” means a person, other than a mediation party or mediator, that participates in a mediation.

6. “Person” means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

7. “Proceeding” means any of the following:

a. A judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery.

b. A legislative hearing or similar process.

8. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

9. “Sign” means any of the following:

a. To execute or adopt a tangible symbol with the present intent to authenticate a record.

b. To attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.

Referred to in §22.7(37)