19-13A-11. International commercial mediation.
(a) In this section, "Model Law" means the Model Law on International Commercial Conciliation adopted by the United Nations Commission on International Trade Law on 28 June 2002 and recommended by the United Nations General Assembly in a resolution (A/RES/57/18) dated 19 November 2002, and "international commercial mediation" means an international commercial conciliation as defined in Article 1 of the Model Law.
(b) Except as otherwise provided in subsections (c) and (d), if a mediation is an international commercial mediation, the mediation is governed by the Model Law.
(c) Unless the parties agree in accordance with §19-13A-3(c) that all or part of an international commercial mediation is not privileged, §§19-13A-4 to 19-13A-6, inclusive, and any applicable definitions in §19-13A-2 also apply to the mediation and nothing in Article 10 of the Model Law derogates from §§19-13A-4 to 19-13A-6, inclusive.
(d) If the parties to an international commercial mediation agree under Article 1, subsection (7), of the Model Law that the Model Law does not apply, this chapter applies.
Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
Structure South Dakota Codified Laws
Chapter 13A - Uniform Mediation Act
Section 19-13A-2 - Definitions.
Section 19-13A-4 - Privilege against disclosure--Admissibility--Discovery.
Section 19-13A-5 - Waiver and preclusion of privilege.
Section 19-13A-6 - Exceptions to privilege.
Section 19-13A-7 - Prohibited mediator reports.
Section 19-13A-8 - Confidentiality.
Section 19-13A-9 - Mediator's disclosure of conflicts of interest--Background.
Section 19-13A-10 - Participation in mediation.
Section 19-13A-11 - International commercial mediation.
Section 19-13A-12 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 19-13A-13 - Uniformity of application and construction.
Section 19-13A-14 - Severability clause.
Section 19-13A-15 - Application to existing agreements or referrals.