Section 9-808 – CONFIDENTIALITY.
9-808. CONFIDENTIALITY. Unless subject to chapter 1 or 2, title 74, Idaho Code, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state. History: [9-808, added 2008, ch. 35, sec. 1, p. 70; am. 2015, ch. 141, sec. 10, p. 382.]
Section 9-809 – MEDIATOR’S DISCLOSURE OF CONFLICTS OF INTEREST — BACKGROUND.
9-809. MEDIATOR’S DISCLOSURE OF CONFLICTS OF INTEREST — BACKGROUND. (1) Before accepting a mediation, an individual who is requested to serve as a mediator shall: (a) 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 or create the […]
Section 9-810 – PARTICIPATION IN MEDIATION.
9-810. PARTICIPATION IN MEDIATION. Unless otherwise provided by court rule or order, an attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded. History: [9-810, added 2008, ch. 35, sec. 1, p. 71.]
Section 9-811 – INTERNATIONAL COMMERCIAL MEDIATION.
9-811. INTERNATIONAL COMMERCIAL MEDIATION. (1) In this section, "model law" means the model law on international commercial conciliation adopted by the United Nations commission on international trade law on June 28, 2002, and recommended by the United Nations general assembly in a resolution (A/RES/57/18) dated November 19, 2002, and "international commercial mediation" means an international […]
Section 9-812 – RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
9-812. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits or supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but this chapter does not modify, limit or supersede section 101(c) of that act or authorize electronic delivery of any of the […]
Section 9-813 – UNIFORMITY OF APPLICATION AND CONSTRUCTION.
9-813. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: [9-813, added 2008, ch. 35, sec. 1, p. 71.]
Section 9-814 – APPLICATION TO EXISTING AGREEMENTS OR REFERRALS.
9-814. APPLICATION TO EXISTING AGREEMENTS OR REFERRALS. This chapter governs a mediation occurring after the effective date of this chapter pursuant to a referral or an agreement to mediate, whenever made. History: [9-814, added 2008, ch. 35, sec. 1, p. 71.]
Section 9-805 – WAIVER AND PRECLUSION OF PRIVILEGE.
9-805. WAIVER AND PRECLUSION OF PRIVILEGE. (1) A privilege under section 9-804, Idaho Code, may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (a) In the case of the privilege of a mediator, it is expressly waived by the mediator; and […]
Section 9-806 – EXCEPTIONS TO PRIVILEGE.
9-806. EXCEPTIONS TO PRIVILEGE. (1) There is no privilege under section 9-804, Idaho Code, for a mediation communication that is: (a) In an agreement evidenced by a record signed by all parties to the agreement; (b) Available to the public under chapter 1, title 74, Idaho Code, or made during a session of a mediation […]
Section 9-807 – PROHIBITED MEDIATOR REPORTS.
9-807. PROHIBITED MEDIATOR REPORTS. (1) Except as otherwise provided in subsection (2) of this section, a mediator may not make a report, assessment, evaluation, recommendation, finding or other communication regarding a mediation to a court, administrative agency or other authority that may make a ruling on the dispute that is the subject of the mediation. […]