Amends existing law to remove a provision regarding what a mediator may disclose.
UNIFORM MEDIATION ACT -- Amends existing law to remove a provision regarding what a mediator may disclose.
STATEMENT OF PURPOSE
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The Supreme Court has recommended this bill in its annual report to the Governor concerning defects or omissions in the laws, as required by article V, section 25 of the Idaho Constitution. I.C. § 9-807 prohibits a mediator from communicating with a court about a mediation, except as provided in the statute. Subsection (2)(d) of the statute currently permits a mediator to provide the “information permitted under Idaho rule of civil procedure 16(j)” if the mediation is conducted pursuant to that rule. Due to amendment and renumbering of the court rules, Idaho rule of civil procedure 16 no longer pertains to mediations. As a result, this bill will strike subsection (2)(d) of the statute to remove the inaccurate reference to the Idaho rule of civil procedure.
FISCAL NOTE
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This proposed amendment will have no fiscal impact upon the General Fund, any other state fund, or local governments. The proposed amendment will simply remove an inaccurate reference to a court rule, and it will cause neither an increase nor decrease in existing or future appropriations or revenues.
BILL TEXT
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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1308 BY JUDICIARY AND RULES COMMITTEE AN ACT1 RELATING TO THE UNIFORM MEDIATION ACT; AMENDING SECTION 9-807, IDAHO CODE,2 TO REMOVE A PROVISION REGARDING WHAT A MEDIATOR MAY DISCLOSE AND TO MAKE3 TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY AND PROVIDING AN EF-4 FECTIVE DATE.5
Be It Enacted by the Legislature of the State of Idaho:6
SECTION 1. That Section 9-807, Idaho Code, be, and the same is hereby7 amended to read as follows:8 9-807. PROHIBITED MEDIATOR REPORTS. (1) Except as otherwise provided9 in subsection (2) of this section, a mediator may not make a report, assess-10 ment, evaluation, recommendation, finding, or other communication regard-11 ing a mediation to a court, administrative agency, or other authority that12 may make a ruling on the dispute that is the subject of the mediation.13 (2) A mediator may disclose:14 (a) Whether the mediation occurred or has terminated, whether a settle-15 ment was reached, and attendance;16 (b) A mediation communication as permitted under pursuant to section17 9-806, Idaho Code; or18 (c) A mediation communication evidencing abuse, neglect, abandonment,19 or exploitation of an individual to a public agency responsible for pro-20 tecting individuals against such mistreatment; or.21 (d) In mediation governed by Idaho rule of civil procedure 16(j), in-22 formation permitted under Idaho rule of civil procedure 16(j).23 (3) A communication made in violation of subsection (1) of this section24 may not be considered by a court, administrative agency, or arbitrator.25
SECTION 2. An emergency existing therefor, which emergency is hereby26 declared to exist, this act shall be in full force and effect on and after27 July 1, 2026.28
HOW THEY VOTED
Senate Third Reading
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YEA (35)
NAY (0)
House Third Reading
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YEA (68)
NAY (0)
ABSENT / NOT VOTING (2)
LATEST ACTION
Session Law Chapter Effective: