19-13A-2. Definitions.
249 words·~1 min read·
/sd/title-19/chapter-19-13/19-13a-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this chapter:
(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 or 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)"Mediator" means an individual who conducts a mediation.
(4)"Nonparty participant" means a person, other than a party or mediator, that participates in a mediation.
(5)"Mediation party" means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.
(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:
(A)a judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery; or
(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:
(A)to execute or adopt a tangible symbol with the present intent to authenticate a record; or
(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.