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 ยง19-13A-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.
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.