25-2932 Scope. - Nebraska Statutes

25-2932. Scope.(a) Except as otherwise provided in subsection (b) or (c) of this section, the Uniform Mediation Act applies to a mediation in which:(1) 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;(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 that holds itself out as providing mediation.(b) The Uniform Mediation Act does 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 the act applies to a mediation arising out of a dispute that has been filed with an administrative agency or court;(3) conducted by a judge who might make a ruling on the case; or(4) conducted under the auspices of:(A) a primary or secondary school if all the parties and the mediator are students; or(B) a correctional institution for youths or a juvenile center if all the parties and the mediator are residents of that institution.(c) If the parties agree in advance in a signed record or a record of proceeding so reflects that all or part of a mediation is not privileged, the privileges under sections 25-2933 to 25-2935 do not apply to the mediation or part agreed upon. However, such sections apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made. SourceLaws 2003, LB 255, § 3.