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 § 19-13A-9

Title 19EVIDENCE

Ch. 19-13AUNIFORM MEDIATION ACT

This text of South Dakota § 19-13A-9 (Mediator's disclosure of conflicts of interest--Background.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 19-13A-9 (2026).

Text

(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

Free access — add to your briefcase to read the full text and ask questions with AI

(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.