25-2938. Mediator's disclosure of conflicts of interest; background.

234 words·~1 min read·/ne/chapter-25/25-2938

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

(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 impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and

(2)disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.

(b)If a mediator learns any fact described in subdivision (a)(1) of this section after accepting a mediation, the mediator shall disclose it as soon as is practicable.

(c)An individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.

(d)A person that violates subsection (a), (b), or

(g)of this section is precluded by the violation from asserting a privilege under section 25-2933 .

(e)Subsections (a), (b), (c), and

(g)do not apply to an individual acting as a judge.

(f)The Uniform Mediation Act does not require that a mediator have a special qualification by background or profession.

(g)A mediator must be impartial, unless after disclosure of the facts required in subsections

(a)and

(b)of this section to be disclosed, the parties agree otherwise.