§10003. Scope

1.__Application.__Except as otherwise provided in subsection 2 or 3, this chapter applies to a mediation in which:

A.__The mediation parties are required to mediate by statute or court or administrative agency rule or to be referred to mediation by a court, administrative agency or arbitrator;

B.__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

C.__The mediation parties use as a mediator an individual who is held out as a mediator or the mediation is provided by a person that holds itself out as providing mediation.

2.__Exemptions.__The chapter does not apply to a mediation:

A.__Relating to the establishment, negotiation, administration or termination of a collective bargaining relationship;

B.__Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that the chapter applies to a mediation arising out of a dispute that has been filed with an administrative agency or court;

C.__Conducted by a judge who might make a ruling on the case; or

D.__Conducted under the auspices of:

(1)__A primary or secondary school if all the parties are students; or

(2)__A correctional institution for youths if all the parties are residents of that institution.

3.__By agreement. If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged,