Idaho § 9-803 SCOPE

Idaho Statutes

§ 9-803 — SCOPE

Idaho·Title 9 EVIDENCE·Ch. 8 UNIFORM MEDIATION ACT

(1)Except as otherwise provided in subsection (2) or (3) of this section, this chapter applies to a mediation in which:

(a)The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency or arbitrator;

(b)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

(c)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 that holds itself out as providing mediation.

(2)This chapter does not apply to a mediation:

(a)Relating to the establishment, negotiation, administration or termination of a colle

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(1) Except as otherwise provided in subsection (2) or (3) of this section, this chapter applies to a mediation in which:
(a) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency or arbitrator;
(b) 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
(c) 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 that holds itself out as providing mediation.
(2) This chapter does not apply to a mediation:
(a) Relating to the establishment, negotiation, administration or termination of a collective bargaining relationship;
(b) Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that the chapter applies to a mediation arising out of a dispute that has been filed with an administrative agency or court;
(c) Conducted by a judge who might make a ruling on the case; or
(d) Conducted under the auspices of:
(i) A primary or secondary school if all the parties are students, or
(ii) A correctional institution for youth if all the parties are residents of that institution.
(3) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under sections 9-804 through 9-806, Idaho Code, do not apply to the mediation or part agreed upon. However, sections 9-804 through 9-806, Idaho Code, apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.

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