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 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 who holds himself or herself out as providing mediation.

(b) This chapter shall 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 this chapter shall apply to a mediation arising out of a dispute that has been filed with an administrative agency or court;

(3) Conducted by a judge on a case; or

(4) Conducted under the auspices of:

(A) A primary or secondary school if all the mediation parties are students; or

(B) A correctional institution for youths if all the mediation parties are residents of that institution.

(c) If the mediation parties agree in advance in a signed record, or a record of proceeding reflects agreement by the mediation parties, that all or part of a mediation is not privileged, the privileges under sections 658H-4 through 658H-6 shall not apply to the mediation or part agreed upon. However, sections 658H-4 through 658H-6 shall apply to a mediation communication made by a person that has not received actual notice of the agreement before the mediation communication is made. [L 2013, c 284, pt of 1; am L 2014, c 5, 1]

 

 

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