19-13A-4. Privilege against disclosure--Admissibility--Discovery.
(a) Except as otherwise provided in §19-13A-6, a mediation communication is privileged as provided in subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by §19-13A-5.
(b) In a proceeding, the following privileges apply:
(1)A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.
(2)A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.
(3)A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.
(c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.
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.