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S.D. Codified Laws § 19-13A-7

Prohibited mediator reports

Known as the Uniform Mediation Act

The act spans §§ 19-13A-1 to 19-13A-9 (15 sections).

Applied in 2 court decisions — leading case Winegeart v. Winegeart (2018)

Most recently applied in Paweltzki v. Paweltzki (September 2021)

Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff

(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 § 19-13A-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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.