25-2932. Scope.

306 words·~1 min read·/ne/chapter-25/25-2932

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

(a)Except as otherwise provided in subsection

(b)or

(c)of this section, the Uniform Mediation Act 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;

(2)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

(3)the mediation parties use as a mediator an individual who holds himself or herself out as a mediator, or the mediation is provided by a person that holds itself out as providing mediation.

(b)The Uniform Mediation Act does not apply to a mediation:

(1)relating to the establishment, negotiation, administration, or termination of a collective-bargaining relationship;

(2)relating to a dispute that is pending under or is part of the processes established by a collective-bargaining agreement, except that the act applies to a mediation arising out of a dispute that has been filed with an administrative agency or court;

(3)conducted by a judge who might make a ruling on the case; or

(4)conducted under the auspices of:

(A)a primary or secondary school if all the parties and the mediator are students; or

(B)a correctional institution for youths or a juvenile center if all the parties and the mediator are residents of that institution.

(c)If the parties agree in advance in a signed record or a record of proceeding so reflects that all or part of a mediation is not privileged, the privileges under sections 25-2933 to 25-2935 do not apply to the mediation or part agreed upon. However, such sections apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.