46-1-502. Mediation.
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46-1-502 . Mediation.
(1)At any time after the commencement of a prosecution and before the verdict, the court may, at its suggestion or upon motion of a party and with the consent of all the parties, refer the proceeding to mediation by a mediator chosen by the court.
(2)The proceeding may not be referred for mediation if the offense charged is:
(a)deliberate homicide, as described in 45-5-102 ;
(b)mitigated deliberate homicide, as described in 45-5-103 ;
(c)intimidation, as described in 45-5-203 ;
(d)partner or family member assault, as described in 45-5-206 ;
(e)assault on a minor, as described in 45-5-212 ;
(f)strangulation of a partner or family member, as described in 45-5-215 ;
(g)stalking, as described in 45-5-220 ;
(h)aggravated kidnapping, as described in 45-5-303 ;
(i)a sex crime, as described in 45-5-502 , 45-5-503 , 45-5-504 , or 45-5-507 ;
(j)endangering the welfare of children, as described in 45-5-622 ;
(k)sexual abuse of children, as described in 45-5-625 ; or
(l)ritual abuse of a minor, as described in 45-5-627 .
(3)Any aspect of or issue in the proceeding may be the subject of the mediation, including but not limited to the charge, a plea bargain, or a recommended sentence.
(4)At any point during mediation, a party may withdraw from the mediation without penalty or sanction.
(5)This section does not prohibit the parties from engaging in traditional plea negotiations.