reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2805 - Trial without jury; transfer to county court; fee; jury demand; timeframe.

25-2805.
Trial without jury; transfer to county court; fee; jury demand; timeframe.
All matters in the Small Claims Court shall be tried to the court without a jury. Except as provided in section 25-2618.01, any defendant in an action or such defendant's attorney may transfer the case to the regular docket of the county court by giving notice to the court at least two days prior to the time set for the hearing. Upon such notice the case shall be transferred to the regular docket of the county court. The party causing the transfer of a case from the Small Claims Court to the regular docket shall pay as a fee the difference between the fee for filing a claim in Small Claims Court and the fee for filing a claim on the regular docket.
In any action transferred to the regular docket, there shall be no motions challenging pleadings unless ordered by the court upon a showing that any such procedure is necessary to the prompt and just determination of the action. In any action transferred to the regular docket, a defendant shall file an answer. Any jury demand in cases transferred from the Small Claims Court to county court shall be made within the timeframes provided in section 25-2705.
Source
Laws 1972, LB 1032, § 25;
Laws 1975, LB 283, § 2;
Laws 1980, LB 892, § 2;
Laws 1981, LB 42, § 11;
Laws 1984, LB 13, § 15;
Laws 1987, LB 77, § 3;
R.S.Supp.,1988, § 24-525;
Laws 1997, LB 151, § 10;
Laws 2002, LB 876, § 58;
Laws 2011, LB669, § 20.
Annotations
A suit brought in Small Claims Court and transferred to the regular docket of municipal court prior to the time set for hearing in Small Claims Court is subject to the provisions of law and rules of the court applicable to proceedings in municipal court. State ex rel. Simpson v. Vondrasek, 203 Neb. 693, 279 N.W.2d 860 (1979).
When a defendant transfers a case from small claims court to county court pursuant to this section, the plaintiff is not entitled to request a jury trial in the county court action. Dollison v. Mercy Servs. Corp., 7 Neb. App. 555, 584 N.W.2d 674 (1998).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2806 - Pleadings required; informal disposition; judgment.

25-2806.
Pleadings required; informal disposition; judgment.
No formal pleadings other than the claim and notice, and the counterclaim or setoff and notice if appropriate, shall be required in the Small Claims Court and the hearing and disposition of all matters shall be informal so that the rules of evidence, except those relating to privileged communications, shall not apply, with the sole object of providing a prompt and just settlement of the issues. When a money judgment is entered, payment shall be made forthwith after time for appeal has run or execution may issue as in other cases in the county court. When a judgment for the return of personal property is entered, return shall be made forthwith after time for appeal has run or an order of delivery may issue as in other cases in the county court.
Source
Laws 1972, LB 1032, § 26;
Laws 1984, LB 13, § 16;
R.S.1943, (1985), § 24-526.
Annotations
The entire matter in Small Claims Court is on a very informal basis, with a minimum of procedural requirements. Harris v. Eberhardt, 215 Neb. 240, 338 N.W.2d 53 (1983).
Because no formal pleadings are required in Small Claims Court, a decision of that court will be affirmed on appeal if it can be founded on any theory supported by the evidence. Fuchser v. Jacobson, 205 Neb. 786, 290 N.W.2d 449 (1980).
The formal rules of evidence do not apply in small claims court. Flodman v. Robinson, 22 Neb. App. 943, 864 N.W.2d 716 (2015).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2807 - Appeals.

25-2807.
Appeals.
Unless the controversy is subject to the Uniform Arbitration Act, any party may appeal to the district court as provided in sections 25-2728 to 25-2738. Parties may be represented by attorneys on appeal.
Source
Laws 1972, LB 1032, § 27;
Laws 1975, LB 283, § 3;
Laws 1980, LB 892, § 3;
Laws 1981, LB 42, § 12;
R.S.1943, (1985), § 24-527;
Laws 1997, LB 151, § 11.
Cross References
Uniform Arbitration Act, see section 25-2601.
Annotations
A party appealing a judgment entered in a small claims court may be assisted by an attorney in perfecting an appeal of the judgment from the small claims court to the district court. Gibbons v. Don Williams Roofing, Inc., 261 Neb. 470, 623 N.W.2d 662 (2001).
Because no formal pleadings are required in Small Claims Court, a decision of that court will be affirmed on appeal if it can be founded on any theory supported by the evidence. Fuchser v. Jacobson, 205 Neb. 786, 290 N.W.2d 449 (1980).
Filing a notice of appeal falls within the "on appeal" language in this section, and consequently, an attorney may sign a notice of appeal on behalf of a party appealing from a small claims court decision. Hayes v. Applegarth, 10 Neb. App. 351, 631 N.W.2d 547 (2001).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2901 - Act, how cited.

25-2901.
Act, how cited.
Sections 25-2901 to 25-2921 shall be known and may be cited as the Dispute Resolution Act.
Source
Laws 1991, LB 90, § 1;
Laws 1996, LB 922, § 1;
Laws 2019, LB595, § 1.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2902 - Legislative findings.

25-2902.
Legislative findings.
The Legislature finds that:
(1) The resolution of certain disputes and offenses can be costly and time consuming in the context of a formal judicial proceeding;
(2) Employing restorative justice and mediation to address disputes can provide an avenue for efficiently reducing the volume of matters which burden the court system in this state;
(3) Restorative justice practices and programs can meet the needs of Nebraska's residents by providing forums in which persons may participate in voluntary or court-ordered resolution of juvenile and adult offenses in an informal and less adversarial atmosphere;
(4) Employing restorative justice can provide an avenue for repair, healing, accountability, and community safety to address the harm experienced by victims as a result of an offense committed by youth or adult individuals;
(5) Restorative justice practices and programs are grounded in a wide body of research and evidence showing individuals who participate in restorative justice practices and programs are less likely to reoffend;
(6) Unresolved disputes of those who do not have the resources for formal resolution may be of small social or economic magnitude individually but are collectively of enormous social and economic consequences;
(7) Many seemingly minor conflicts between individuals may escalate into major social problems unless resolved early in an atmosphere in which the persons involved can discuss the dispute or offense through a private and informal yet structured process;
(8) There is a need in our society to reduce acrimony and improve relationships between people in conflict which has a long-term benefit of a more peaceful community of people;
(9) There is a compelling need in a complex society for dispute resolution and restorative justice whereby people can participate in creating comprehensive, lasting, and realistic resolutions to conflicts and offenses;
(10) Mediation can increase the public's access to dispute resolution and thereby increase public regard and usage of the legal system; and
(11) Office-approved nonprofit dispute resolution centers can make a substantial contribution to the operation and maintenance of the courts of this state by preserving the court's scarce resources for those disputes and offenses which cannot be resolved by means other than litigation.
Source
Laws 1991, LB 90, § 2;
Laws 2019, LB595, § 2.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2903 - Terms, defined.

25-2903.
Terms, defined.
For purposes of the Dispute Resolution Act:
(1) Approved center means a center that has applied for and received approval from the director under section 25-2909;
(2) Center means a nonprofit organization or a court-established program which makes dispute resolution procedures and restorative justice services available;
(3) Council means the Advisory Council on Dispute Resolution;
(4) Director means the Director of the Office of Dispute Resolution;
(5) Dispute resolution process means a process by which the parties involved in a dispute voluntarily agree to enter into informal discussion and negotiation with the assistance of a mediator;
(6) Mediation means the intervention into a dispute by a third party who has no decisionmaking authority and is impartial to the issues being discussed;
(7) Mediator means a person trained in the process of mediation who assists parties in dispute to reach a mutually acceptable resolution of their conflict;
(8) Office means the Office of Dispute Resolution;
(9) Restorative justice facilitator means a person trained to facilitate restorative justice practices as a staff member or affiliate of an approved center; and
(10) Restorative justice means practices, programs, or services described in section 25-2912.01 that emphasize repairing the harm caused to victims and the community by persons who have caused the harm or committed an offense.
Source
Laws 1991, LB 90, § 3;
Laws 2019, LB595, § 3.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2904 - Office of Dispute Resolution; established; director; qualifications; duties.

25-2904.
Office of Dispute Resolution; established; director; qualifications; duties.
The Office of Dispute Resolution is hereby established in the office of the State Court Administrator. The director of the office shall be hired by the Supreme Court. The director may but need not be an attorney and shall be hired on the basis of his or her training and experience in mediation, restorative justice, and dispute resolution. The director shall administer the Dispute Resolution Act and shall serve as staff to the council.
Source
Laws 1991, LB 90, § 4;
Laws 2019, LB595, § 4.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2905 - Advisory Council on Dispute Resolution; created; members.

25-2905.
Advisory Council on Dispute Resolution; created; members.
The Advisory Council on Dispute Resolution is hereby created. The council shall be comprised of individuals from a variety of disciplines who are trained and knowledgeable in mediation, restorative justice, and dispute resolution and selected to be representative of the geographical and cultural diversity of the state and to reflect gender fairness. The council shall consist of fifteen voting members. The membership shall include a district court judge, county court judge, and juvenile court judge and a representative from the Office of Probation Administration, the Nebraska State Bar Association, and the Nebraska County Attorneys Association. Nominations for the remaining members may be solicited from such entities and from the Nebraska Mediation Association, the Public Counsel, social workers, mental health professionals, diversion program administrators, educators, law enforcement entities, crime victim advocates, and former participants in restorative justice programs and related fields. The council shall be appointed by the Supreme Court or its designee. The Supreme Court or its designee shall not be restricted to the solicited list of nominees in making its appointments. Two nonvoting, ex officio members shall be appointed by the council from among the approved centers.
Source
Laws 1991, LB 90, § 5;
Laws 1999, LB 315, § 2;
Laws 2019, LB595, § 5.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2906 - Council; members; terms; vacancy; officers.

25-2906.
Council; members; terms; vacancy; officers.
The initial members of the council and the new members required by the changes to section 25-2905 made by Laws 2019, LB595, shall be appointed for terms of one, two, or three years. All subsequent appointments shall be made for terms of three years. Any vacancy on the council shall be filled and shall last for the duration of the term vacated. Appointments to the council required by changes to section 25-2905 made by Laws 2019, LB595, shall be made within ninety days after September 1, 2019. The council shall select a chairperson, a vice-chairperson, and such other officers as it deems necessary.
Source
Laws 1991, LB 90, § 6;
Laws 2019, LB595, § 6.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2907 - Council; powers and duties; members; expenses.

25-2907.
Council; powers and duties; members; expenses.
(1) The council shall advise the director on the administration of the Dispute Resolution Act.
(2) The council shall meet at least four times per year and at other times deemed necessary to perform its functions. Members of the council shall be reimbursed for expenses as provided in sections 81-1174 to 81-1177.
(3) The council may appoint task forces to carry out its work. Task force members shall have knowledge of, responsibility for, or interest in an area related to the duties of the council.
Source
Laws 1991, LB 90, § 7;
Laws 2020, LB381, § 21.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2908 - Director; duties.

25-2908.
Director; duties.
Consistent with the purposes and objectives of the Dispute Resolution Act and in consultation with the council, the director shall:
(1) Approve centers which meet requirements for approval;
(2) Develop and supervise a uniform system of reporting and collecting statistical data from approved centers;
(3) Develop and supervise a uniform system of evaluating approved centers;
(4) Prepare a yearly budget for the implementation of the act and distribute funds to approved centers;
(5) Develop and administer guidelines for a sliding scale of fees to be charged by approved centers;
(6) Develop, initiate, or approve curricula and training sessions for mediators and staff of approved centers and of courts;
(7) Establish volunteer training programs;
(8) Promote public awareness of the restorative justice and dispute resolution process;
(9) Apply for and receive funds from public and private sources for carrying out the purposes and obligations of the act;
(10) Develop and supervise a uniform system to create and maintain a roster of approved centers and victim youth conferencing and other restorative justice facilitators who are affiliated with approved centers. The roster shall be made available to courts and county attorneys;
(11) Enhance the sustainability of approved centers;
(12) Support approved centers in the implementation of restorative justice programs;
(13) Coordinate the development and implementation of new restorative justice programs;
(14) Develop and administer a uniform system for reporting and collecting statistical data regarding restorative justice programs from approved centers;
(15) Develop and administer a uniform system for evaluating restorative justice programs administered by approved centers;
(16) Develop and administer a uniform system for evaluating quality assurance and fidelity to established restorative justice principles;
(17) Coordinate software and data management system quality assurance for the office and the approved centers;
(18) Coordinate restorative justice training sessions for restorative justice facilitators and staff of approved centers and the courts;
(19) Review and provide analyses of state and federal laws and policies and judicial branch policies relating to restorative justice programs for juvenile populations and adult populations;
(20) Promote public awareness of the restorative justice and dispute resolution process under the Dispute Resolution Act; and
(21) Seek and identify funds from public and private sources for carrying out new and ongoing restorative justice programs.
Source
Laws 1991, LB 90, § 8;
Laws 1998, LB 1073, § 7;
Laws 2019, LB595, § 7.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2909 - Grants; application; contents; approved centers; reports.

25-2909.
Grants; application; contents; approved centers; reports.
(1) The office shall annually award grants to approved centers. It is the intent of the Legislature that centers be established and grants distributed statewide.
(2) A center or an entity proposing a center may apply to the office for approval to provide services under the Dispute Resolution Act by submitting an application which includes:
(a) A strategic plan for the operation of the center;
(b) The center's objectives;
(c) The areas of population to be served;
(d) The administrative organization;
(e) Record-keeping procedures;
(f) Procedures for intake, for scheduling, and for conducting and terminating restorative justice programs and dispute resolution sessions;
(g) Qualifications for mediators and restorative justice facilitators for the center;
(h) An annual budget for the center;
(i) The results of an audit of the center for a period covering the previous year if the center was in operation for such period; and
(j) Proof of 501(c)(3) status under the Internal Revenue Code or proof of establishment by a court.
(3) The office may specify additional criteria for approval and for grants as it deems necessary.
(4) Annual reports shall be required of each approved center. The reports shall include the number and types of cases handled in the year and a showing of continued compliance with the act.
Source
Laws 1991, LB 90, § 9;
Laws 2019, LB595, § 8.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2910 - Approved center; funding; fees.

25-2910.
Approved center; funding; fees.
An approved center may use sources of funds, both public and private, in addition to funds appropriated by the Legislature. An approved center may require each party to pay a fee to help defray costs based upon ability to pay. A person shall not be denied services solely because of an inability to pay the fee.
Source
Laws 1991, LB 90, § 10.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2911 - Restorative justice programs and dispute resolution; types of cases; referral of cases.

25-2911.
Restorative justice programs and dispute resolution; types of cases; referral of cases.
(1) The following types of cases may be accepted for restorative justice programs and dispute resolution at an approved center:
(a) Civil claims and disputes, including, but not limited to, consumer and commercial complaints, disputes between neighbors, disputes between business associates, disputes between landlords and tenants, and disputes within communities;
(b) Disputes concerning child custody, parenting time, visitation, or other access and other areas of domestic relations;
(c) Juvenile offenses and disputes involving juveniles when appropriate, which shall be determined according to the policies and procedures provided for in section 25-2918;
(d) Disputes involving youth that occur in families, in educational settings, and in the community at large;
(e) Adult criminal offenses and disputes involving juvenile, adult, or community victims when appropriate, which shall be determined according to the policies and procedures provided for in section 25-2918; and
(f) Contested guardianship and contested conservatorship proceedings.
(2) Restorative justice practices at an approved center may be used in addition to any other condition, consequence, or sentence imposed by a court, a probation officer, a diversion program, a school, or another community program.
(3) An approved center may accept cases referred by a court, an attorney, a law enforcement officer, a social service agency, a school, or any other interested person or agency or upon the request of the parties involved. A case may be referred prior to the commencement of formal judicial proceedings or may be referred as a pending court case. If a court refers a case to an approved center, the center shall provide information to the court as to whether an agreement was reached. If the court requests a copy of the agreement, the center shall provide it.
Source
Laws 1991, LB 90, § 11;
Laws 2007, LB554, § 25;
Laws 2011, LB157, § 2;
Laws 2019, LB595, § 9.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2912 - Restorative justice or dispute resolution process; procedures.

25-2912.
Restorative justice or dispute resolution process; procedures.
Before the restorative justice or dispute resolution process begins, an approved center shall provide the parties with a written statement setting forth the procedures to be followed.
Source
Laws 1991, LB 90, § 12;
Laws 2019, LB595, § 10.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2912.01 - Restorative justice practices, restorative justice services, or restorative justice programs; activities to repair harm.

25-2912.01.
Restorative justice practices, restorative justice services, or restorative justice programs; activities to repair harm.
Restorative justice practices, restorative justice services, or restorative justice programs include, but are not limited to, victim youth conferences, victim-offender mediation, family group conferences, circles, peer-to-peer mediation, truancy mediation, victim or community panels, and community conferences. Restorative justice programs may involve restorative projects or classes and facilitated meetings attended voluntarily by the victim, the victim's representatives, or a victim surrogate and the victim's supporters, as well as the youth or adult individual who caused harm and that individual's supporters, whether voluntarily or following a referral for assessment by court order. These meetings may also include community members, when appropriate. By engaging the parties to the offense or harm in voluntary dialogue, restorative justice provides an opportunity for healing for the victim and the individual who harmed the victim by:
(1) Holding the individual who caused harm accountable and providing the individual a platform to accept responsibility and gain empathy for the harm he or she caused to the victim and community;
(2) Providing the victim a platform to describe the impact that the harm had upon himself or herself or his or her family and to identify detriments experienced or any losses incurred;
(3) Providing the opportunity to enter into a reparation plan agreement; and
(4) Enabling the victim and the individual who caused harm the opportunity to agree on consequences to repair the harm, to the extent possible. This includes, but is not limited to, apologies, community service, reparation, restitution, restoration, and counseling.
Source
Laws 2019, LB595, § 11.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2912.02 - Best practices; policies and procedures.

25-2912.02.
Best practices; policies and procedures.
The office and the approved centers shall strive to conduct restorative justice programs in accordance with best practices, including evidence-based programs, and shall adopt policies and procedures to accomplish this goal.
Source
Laws 2019, LB595, § 12.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2940 - Relation to federal Electronic Signatures in Global and National Commerce Act.

25-2940.
Relation to federal Electronic Signatures in Global and National Commerce Act.
The Uniform Mediation Act modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but the Uniform Mediation Act does not modify, limit, or supersede 15 U.S.C. 7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C. 7003(b).
Source
Laws 2003, LB 255, § 11.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2941 - Uniformity of application and construction.

25-2941.
Uniformity of application and construction.
In applying and construing the Uniform Mediation Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source
Laws 2003, LB 255, § 12.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-2942 - Application to existing agreements or referrals.

25-2942.
Application to existing agreements or referrals.
(a) The Uniform Mediation Act governs a mediation pursuant to a referral or an agreement to mediate made on or after August 31, 2003.
(b) On or after January 1, 2004, the Uniform Mediation Act governs an agreement to mediate whenever made.
(c) The Uniform Mediation Act is intended to address issues of privilege and does not diminish any other mediation requirements of the statutes of Nebraska.
Source
Laws 2003, LB 255, § 13.