2011 South Dakota Code
Title 19 EVIDENCE
Chapter 13A. Uniform Mediation Act
§19-13A-7 Prohibited mediator reports.
19-13A-7. Prohibited mediator reports. (a) Except as required in subsection (b), a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation.
(b) A mediator may disclose:
(1) whether the mediation occurred or has terminated, whether a settlement was reached and if so the terms thereof, and attendance;
(2) a mediation communication as permitted under § 19-13A-6; or
(3) a mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment.
(c) A communication made in violation of subsection (a) may not be considered by a court, administrative agency, or arbitrator.
Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
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