§ 25-2938 Mediator's disclosure of conflicts of interest; background

Codes > Nebraska Revised Statutes > Chapter 25 > Article 29 : (c) Uniform > 25-2938 Mediator's

25-2938. Mediator's disclosure of conflicts of interest; background

    (a) Before accepting a mediation, an individual who is requested to serve as a mediator shall:

        (1) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and

        (2) disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.

    (b) If a mediator learns any fact described in subdivision (a)(1) of this section after accepting a mediation, the mediator shall disclose it as soon as is practicable.

    (c) An individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.

    (d) A person that violates subsection (a), (b), or (g) of this section is precluded by the violation from asserting a privilege under section 25-2933.

    (e) Subsections (a), (b), (c), and (g) do not apply to an individual acting as a judge.

    (f) The Uniform Mediation Act does not require that a mediator have a special qualification by background or profession.

    (g) A mediator must be impartial, unless after disclosure of the facts required in subsections (a) and (b) of this section to be disclosed, the parties agree otherwise.