78B-10-103 - Scope.
78B-10-103. Scope.
(1) Except as otherwise provided in Subsection (2) or (3), this chapter applies to amediation in which:
(a) the mediation parties are required to mediate by statute, court, or administrativeagency 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 demonstratesan 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 outas a mediator or the mediation is provided by an entity that holds itself out as providingmediation.
(2) The chapter does not apply to a mediation:
(a) relating to the establishment, negotiation, administration, or termination of acollective bargaining relationship;
(b) relating to a dispute that is pending under or is part of the processes established by acollective bargaining agreement, except that the chapter applies to a mediation arising out of adispute 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 youths 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 reflectsagreement by the parties, that all or part of a mediation is not privileged, the privileges underSections 78B-10-104 through 78B-10-106 do not apply to the mediation or part agreed upon. However, Sections 78B-10-104 through 78B-10-106 apply to a mediation communication madeby a person that has not received actual notice of the agreement before the communication ismade.
Renumbered and Amended by Chapter 3, 2008 General Session