South Dakota § 19-13A-9 Mediator's disclosure of conflicts of interest--Background.

South Dakota Statutes

§ 19-13A-9 — Mediator's disclosure of conflicts of interest--Background.

South Dakota·Title 19 EVIDENCE·Ch. 19-13A UNIFORM MEDIATION ACT

(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 mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and (2) disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.

(b)If a mediator learns any fact described in subsection (a)(1) after accepting a mediation, the mediator shall disclose it as soon as is practicable.

(c)At the request of a mediation party, an in

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(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 mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and (2) disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation. (b) If a mediator learns any fact described in subsection (a)(1) after accepting a mediation, the mediator shall disclose it as soon as is practicable. (c) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute. (d) A person that violates subsection (a) or (b) is precluded by the violation from asserting a privilege under § 19-13A-4 . (e) Subsections (a), (b), and (c), do not apply to an individual acting as a judge. (f) This chapter does not require that a mediator have a special qualification by background or profession.

South Dakota § 19-13A-9 (Mediator's disclosure of conflicts of interest--Background.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.