(1) In this section, “model law” means the model law on international commercial conciliation adopted by the United Nations commission on international trade law on June 28, 2002, and recommended by the United Nations general assembly in a resolution (A/RES/57/18) dated November 19, 2002, and “international commercial mediation” means an international commercial conciliation as defined in article 1 of the model law.
(2) Except as otherwise provided in subsections (3) and (4) of this section, if a mediation is an international commercial mediation, the mediation is governed by the model law.
(3) Unless the parties agree in accordance with section 9-803(3), Idaho Code, that all or part of an international commercial mediation is not privileged, sections 9-804, 9-805 and 9-806, Idaho Code, and any applicable definitions in section 9-802, Idaho Code, also apply to the mediation and nothing in article 10 of the model law derogates from sections 9-804, 9-805 and 9-806, Idaho Code.
(4) 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.