TITLE 9

EVIDENCE

CHAPTER 8

UNIFORM MEDIATION ACT

9-802.  Definitions. In this chapter:

(1)  "Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.

(2)  "Mediation communication" means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing or reconvening a mediation or retaining a mediator.

(3)  "Mediation party" means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.

(4)  "Mediator" means an individual who conducts a mediation.

(5)  "Nonparty participant" means a person, other than a party or mediator, that participates in a mediation.

(6)  "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

(7)  "Proceeding" means:

(a)  A judicial, administrative, arbitral or other adjudicative process, including related prehearing and posthearing motions, conferences and discovery; or

(b)  A legislative hearing or similar process.

(8)  "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(9)  "Sign" means:

(a)  To execute or adopt a tangible symbol with the present intent to authenticate a record;

(b)  To attach or logically associate an electronic symbol, sound or process to or with a record with the present intent to authenticate a record; or

(c)  To assent on a stenographic record with the present intent to authenticate a record.

History:

[9-802, added 2008, ch. 35, sec. 1, p. 67.]