658H-1 Short title.

§658H-1 Short title. This chapter may be cited as the Uniform Mediation Act. [L 2013, c 284, pt of §1]

658H-10 Participation in mediation.

§658H-10 Participation in mediation. 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 A waiver of participation given before the mediation may be rescinded. [L 2013, c 284, pt of §1]

658H-11 International commercial mediation.

§658H-11 International commercial mediation. (a) Except as provided in subsections (b) and (c), if a mediation is an international commercial mediation, the mediation is governed by the model law. (b) Unless the mediation parties agree in accordance with section 658H-3(c) that all or part of an international commercial mediation is not privileged, sections 658H-4, 658H-5, […]

658H-12 Relation to Electronic Signatures in Global and National Commerce Act.

§658H-12 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 United States Code section 7001 et seq.; provided that this chapter shall not modify, limit, or supersede section 101(c) of that Act or authorize electronic delivery of […]

658H-13 Application to existing agreements or referrals.

§658H-13 Application to existing agreements or referrals. (a) This chapter shall govern a mediation pursuant to a referral for mediation or an agreement to mediate made on or after July 1, 2013. (b) On or after January 1, 2014, this chapter shall govern an agreement to mediate whenever made. [L 2013, c 284, pt of […]

658H-2 Definitions.

§658H-2 Definitions. In this chapter: “International commercial mediation” means a process, whether referred to by the expression conciliation, mediation, or similar expression, whereby parties: (1) To an agreement to conciliation have, at the time of the conclusion of that agreement, their places of business in different countries; or (2) Who have their places of business […]

658H-3 Scope.

§658H-3 Scope. (a) Except as otherwise provided in subsection (b) or (c), this chapter applies to a mediation in which: (1) The mediation parties are required to mediate by statute or court or administrative rule or referred to mediation by a court, administrative agency, or arbitrator; (2) The mediation parties and the mediator agree to […]

658H-4 Privilege against disclosure; admissibility; discovery.

§658H-4 Privilege against disclosure; admissibility; discovery. (a) Except as provided in section 658H-6, a mediation communication is privileged as provided in subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 658H-5. (b) In a proceeding, the following privileges apply: (1) A […]

658H-5 Waiver and preclusion of privilege.

§658H-5 Waiver and preclusion of privilege. (a) A privilege under section 658H-4 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (1) In the case of the privilege of a mediator, it is expressly waived by the mediator; and (2) In […]

658H-6 Exceptions to privilege.

§658H-6 Exceptions to privilege. (a) There is no privilege under section 658H-4 for a mediation communication that is: (1) In an agreement evidenced by a record signed by all parties to the agreement; (2) Available to the public under chapter 92F or made during a session of a mediation that is open, or is required […]

658H-7 Prohibited mediator reports.

§658H-7 Prohibited mediator reports. (a) Except as agreed to in writing by the parties or as permitted in subsection (b), a mediator shall 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 […]

658H-8 Confidentiality.

§658H-8 Confidentiality. Unless subject to disclosure pursuant to part I of chapter 92 or chapter 92F, mediation communications are confidential to the extent agreed by the mediation parties or provided by other law or rule of this State. [L 2013, c 284, pt of §1]

658H-9 Mediator’s disclosure of conflicts of interest; background.

§658H-9 Mediator’s disclosure of conflicts of interest; background. (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 […]