reglab/housing_qa huggingface dataset:
NE Code § 25-2913 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2913 - Mediators and restorative justice facilitators; qualifications; compensation; powers and duties.

25-2913.  Mediators and restorative justice facilitators; qualifications; compensation; powers and duties.(1) Mediators and restorative justice facilitators of approved centers shall have completed at least thirty hours of basic mediation training, including conflict resolution techniques, neutrality, agreement writing, and ethics. An initial apprenticeship with an experienced mediator shall be required for at least three sessions for all mediators without prior mediation experience.(2) In addition to the basic mediation training required under subsection (1) of this section:(a) For disputes involving marital dissolution, parenting, or child custody, mediators of approved centers shall have additional training in family mediation; and(b) For disputes involving harm done to others or the community, restorative justice facilitators of approved centers shall have additional restorative justice training that has been approved by the office. Such training should include, but not be limited to, topics such as restorative justice basics, trauma-informed practices, juvenile developmental characteristics, and crime victimization.(3) An approved center may provide for the compensation of mediators and restorative justice facilitators, utilize the services of volunteer mediators and restorative justice facilitators, or utilize the services of both paid and volunteer mediators and restorative justice facilitators.(4) The mediator or restorative justice facilitator shall provide an opportunity for the parties to achieve a mutually acceptable resolution of their dispute, in joint or separate sessions, as appropriate, including a reparation plan agreement regarding reparations through dialogue and negotiation. A mediator shall be impartial, neutral, and unbiased and shall make no decisions for the parties.(5) The mediator or restorative justice facilitator shall officially terminate the process if the parties are unable to agree or if, in the judgment of the mediator, the agreement would be unconscionable. The termination shall be without prejudice to either party in any other proceeding.(6) The mediator or restorative justice facilitator has no authority to make or impose any adjudicatory sanction or penalty upon the parties.(7) The mediator or restorative justice facilitator shall be aware of and recommend outside resources to the parties whenever appropriate. The mediator or restorative justice facilitator shall advise participants to obtain legal review of agreements as necessary.Source   Laws 1991, LB 90, § 13;  Laws 2019, LB595, § 13.
NE Code § 25-2914 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2914 - Confidentiality; exceptions.

25-2914.  Confidentiality; exceptions.(1) Any verbal, written, or electronic communication made in or in connection with matters referred to mediation which relates to the controversy or dispute being mediated and agreements resulting from the mediation, whether made to the mediator, the staff of an approved center, a party, or any other person attending the mediation session, shall be confidential.(2) Mediation proceedings shall be regarded as settlement negotiations, and no admission, representation, or statement made in mediation, not otherwise discoverable or obtainable, shall be admissible as evidence or subject to discovery.(3) A mediator shall not be subject to process requiring the disclosure of any matter discussed during mediation proceedings unless all the parties consent to a waiver.(4) Confidential communications and materials are subject to disclosure when all parties agree in writing to waive confidentiality regarding specific verbal, written, or electronic communications relating to the mediation session or the agreement.(5) This section shall not apply if a party brings an action against the mediator or center, if the communication was made in furtherance of a crime or fraud, or if this section conflicts with other legal requirements.Source   Laws 1991, LB 90, § 14;   Laws 1994, LB 868, § 1;  Laws 2019, LB595, § 14.
NE Code § 25-2914.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2914.01 - Verbal, written, or electronic communication; confidentiality; privileged; disclosure; when; activities of juvenile; limit on evidence.

25-2914.01.  Verbal, written, or electronic communication; confidentiality; privileged; disclosure; when; activities of juvenile; limit on evidence.(1) Any verbal, written, or electronic communication made in or in connection with matters referred to a restorative justice program which relates to the controversy or dispute undergoing restorative justice and agreements resulting from the restorative justice program, whether made to the restorative justice facilitator, the staff of an approved center, a party, or any other person attending the restorative justice program, shall be confidential and privileged.(2) No admission, confession, or incriminating information obtained from a juvenile in the course of any restorative justice program that is conducted in conjunction with proceedings under the Dispute Resolution Act or as directed by a court, including, but not limited to, school-based disciplinary proceedings, juvenile diversion, court-ordered detention, or probation, shall be admitted into evidence against such juvenile, except as rebuttal or impeachment evidence, in any future adjudication hearing under the Nebraska Juvenile Code or in any criminal proceeding. Such admission, confession, or incriminating information may be considered by a court at sentencing or by a juvenile court during disposition proceedings.(3) Confidential communications and materials are subject to disclosure when all parties to the restorative justice program agree in writing to waive confidentiality regarding specific verbal, written, or electronic communications relating to the restorative justice program or the agreement.(4) This section shall not apply if:(a) A party brings an action against the restorative justice facilitator or approved center;(b) The communication was made in furtherance of a crime or fraud;(c) The communication is required to be reported under section 28-711 and is a new allegation of child abuse or neglect which was not previously known or reported; or(d) This section conflicts with other legal requirements.Source Laws 2019, LB595, § 15. Cross References  Nebraska Juvenile Code, see section 43-2,129.
NE Code § 25-2915 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2915 - Immunity; exceptions.

25-2915.  Immunity; exceptions.No mediator, restorative justice facilitator, staff member, or member of a governing board of an approved center may be held liable for civil damages for any statement or decision made in the process of restorative justice or dispute resolution unless such person acted in a manner exhibiting willful or wanton misconduct.Source   Laws 1991, LB 90, § 15;  Laws 2019, LB595, § 16.
NE Code § 25-2916 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2916 - Agreement; contents.

25-2916.  Agreement; contents.(1) If the parties involved in mediation reach an agreement, the agreement may be reduced to writing and signed by the parties. The agreement shall set forth the settlement of the issues and the future responsibilities of each party. If a court referred the case, the agreement as signed and approved by the parties may be presented to the court as a stipulation and, if approved by the court, shall be enforceable as an order of the court.(2) If the parties involved in a restorative justice program reach a reparation plan agreement, the agreement may be reduced to writing and signed by the parties. The agreement shall set forth the reparations agreed upon by the parties to repair the specific circumstances of the offense. These may include, but are not limited to, service to the victim, an apology to the victim, financial restitution, services for the individual who caused the harm, community service, or any other reparation agreed upon by the parties. The agreement shall specify the time period during which such individual must comply with the requirements specified therein.Source   Laws 1991, LB 90, § 16;  Laws 2019, LB595, § 17.
NE Code § 25-2917 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2917 - Tolling of civil statute of limitations; when.

25-2917.  Tolling of civil statute of limitations; when.During the period of the restorative justice or dispute resolution process, any applicable civil statute of limitations shall be tolled as to the parties. The tolling shall commence on the date the approved center accepts the case and shall end on the date of the last restorative justice or mediation session. This period shall be no longer than sixty days without consent of all the parties.Source   Laws 1991, LB 90, § 17;  Laws 2019, LB595, § 18.
NE Code § 25-2918 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2918 - Rules and regulations.

25-2918.  Rules and regulations.(1) The Supreme Court, upon recommendation by the director in consultation with the council, shall adopt and promulgate rules and regulations to carry out the Dispute Resolution Act.(2) The office may adopt and promulgate policies and procedures to carry out the Dispute Resolution Act.Source   Laws 1991, LB 90, § 18;  Laws 2019, LB595, § 19.
NE Code § 25-2919 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2919 - Application of act.

25-2919.  Application of act.The Dispute Resolution Act shall apply only to approved centers and mediators and restorative justice facilitators of such centers.Source   Laws 1991, LB 90, § 19;  Laws 2019, LB595, § 20.
NE Code § 25-2920 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2920 - Director; report.

25-2920.  Director; report.The director shall provide an annual report regarding the implementation of the Dispute Resolution Act. The report shall be available to the public on the Supreme Court's website. The report shall include the number and types of disputes received, the disposition of the disputes, any problems encountered, and any recommendations to address problems.Source   Laws 1991, LB 90, § 20;  Laws 2012, LB782, § 29;  Laws 2019, LB595, § 21.
NE Code § 25-2921 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2921 - Dispute Resolution Cash Fund; created; use; investment.

25-2921.  Dispute Resolution Cash Fund; created; use; investment.The Dispute Resolution Cash Fund is created. The State Court Administrator shall administer the fund. The fund shall consist of proceeds received pursuant to subdivision (9) of section 25-2908 and section 33-155. The fund shall be used to supplement the administration of the office and the support of the approved centers. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source   Laws 1996, LB 922, § 2;  Laws 2003, LB 760, § 8;  Laws 2009, First Spec. Sess., LB3, § 12;  Laws 2011, LB378, § 18;  Laws 2019, LB595, § 22.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 25-2930 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2930 - Act, how cited.

25-2930.  Act, how cited.Sections 25-2930 to 25-2942 shall be known and may be cited as the Uniform Mediation Act.Source Laws 2003, LB 255, § 1.
NE Code § 25-2931 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2931 - Terms, defined.

25-2931.  Terms, defined.For purposes of the Uniform Mediation Act:(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) Mediator means an individual who conducts a mediation.(4) Nonparty participant means a person, other than a party or mediator, that participates in a mediation.(5) Mediation party means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.(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 post-hearing 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; or(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.Source Laws 2003, LB 255, § 2.
NE Code § 25-2932 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2932 - Scope.

25-2932.  Scope.(a) Except as otherwise provided in subsection (b) or (c) of this section, the Uniform Mediation Act applies to a mediation in which:(1) the mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator;(2) the mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or(3) the mediation parties use as a mediator an individual who holds himself or herself out as a mediator, or the mediation is provided by a person that holds itself out as providing mediation.(b) The Uniform Mediation Act does not apply to a mediation:(1) relating to the establishment, negotiation, administration, or termination of a collective-bargaining relationship;(2) relating to a dispute that is pending under or is part of the processes established by a collective-bargaining agreement, except that the act applies to a mediation arising out of a dispute that has been filed with an administrative agency or court;(3) conducted by a judge who might make a ruling on the case; or(4) conducted under the auspices of:(A) a primary or secondary school if all the parties and the mediator are students; or(B) a correctional institution for youths or a juvenile center if all the parties and the mediator are residents of that institution.(c) If the parties agree in advance in a signed record or a record of proceeding so reflects that all or part of a mediation is not privileged, the privileges under sections 25-2933 to 25-2935 do not apply to the mediation or part agreed upon. However, such sections apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.Source Laws 2003, LB 255, § 3.
NE Code § 25-2933 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2933 - Privilege against disclosure; admissibility; discovery.

25-2933.  Privilege against disclosure; admissibility; discovery.(a) Except as otherwise provided in section 25-2935, a mediation communication is privileged as provided in subsection (b) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 25-2934.(b) In a proceeding, the following privileges apply:(1) A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.(2) A mediator may refuse to disclose a mediation communication and may prevent any other person from disclosing a mediation communication of the mediator.(3) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.(c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.Source Laws 2003, LB 255, § 4.
NE Code § 25-2934 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2934 - Waiver and preclusion of privilege.

25-2934.  Waiver and preclusion of privilege.(a) A privilege under section 25-2933 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:(1) in the case of the privilege of a mediator, it is expressly waived by the mediator; and(2) in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.(b) A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under section 25-2933, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.(c) A person that intentionally uses a mediation to plan, attempt to commit, or commit a crime or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under section 25-2933.Source Laws 2003, LB 255, § 5.
NE Code § 25-2935 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2935 - Exceptions to privilege.

25-2935.  Exceptions to privilege.(a) There is no privilege under section 25-2933 for a mediation communication that is:(1) in an agreement evidenced by a record signed by all parties to the agreement;(2) available to the public under sections 84-712 to 84-712.09 or made during a session of a mediation which is open, or is required by law to be open, to the public;(3) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;(4) intentionally used to plan a crime, attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity;(5) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;(6) except as otherwise provided in subsection (c) of this section, sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or(7) sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party.(b) There is no privilege under section 25-2933 if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and that the mediation communication is sought or offered in:(1) a court proceeding involving a felony; or(2) except as otherwise provided in subsection (c) of this section, a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.(c) A mediator may not be compelled to provide evidence of a mediation communication referred to in subdivision (a)(6) or (b)(2) of this section.(d) If a mediation communication is not privileged under subsection (a) or (b) of this section, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection (a) or (b) of this section does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.Source Laws 2003, LB 255, § 6.
NE Code § 25-2936 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2936 - Prohibited mediator reports.

25-2936.  Prohibited mediator reports.(a) Except as required in subsection (b) of this section, 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 attendance;(2) a mediation communication as permitted under section 25-2935; 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) of this section may not be considered by a court, administrative agency, or arbitrator.Source Laws 2003, LB 255, § 7.
NE Code § 25-2937 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2937 - Confidentiality.

25-2937.  Confidentiality.Unless subject to the Open Meetings Act or sections 84-712 to 84-712.09, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state.Source  Laws 2003, LB 255, § 8;  Laws 2004, LB 821, § 9.  Cross References  Open Meetings Act, see section 84-1407.
NE Code § 25-2938 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2938 - Mediator's disclosure of conflicts of interest; background.

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.Source Laws 2003, LB 255, § 9.
NE Code § 25-2939 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2939 - Participation in mediation.

25-2939.  Participation in mediation.An attorney may represent, or other individual designated by a party may accompany the party to, and participate in a mediation. A waiver of representation or participation given before the mediation may be rescinded.Source Laws 2003, LB 255, § 10.