UNIFORM MEDIATION ACT – Amends existing law to remove a provision regarding what a mediator may disclose.
Summary
S1308 makes a narrow technical amendment to Idaho’s Uniform Mediation Act. The bill removes an outdated cross-reference in Idaho Code section 9-807 that allowed a mediator to disclose information permitted under former Idaho Rule of Civil Procedure 16(j) when a mediation was conducted under that rule. Because the civil procedure rules were amended and renumbered, Rule 16 no longer governs mediations, leaving the statutory reference inaccurate.
The bill does not create a new mediation disclosure rule or materially change mediator confidentiality; it simply deletes the obsolete subsection to align the statute with current court rules. The statement of purpose indicates the change was recommended by the Idaho Supreme Court as part of its annual report on defects or omissions in the law, and the fiscal note states there is no fiscal impact on state or local government.
Impact
S1308 amends Idaho Code section 9-807 within the Uniform Mediation Act by striking subsection (2)(d), which referenced disclosure permitted under an outdated civil procedure rule. The practical effect is to clean up the statute so it accurately reflects current court-rule numbering and avoids confusion for mediators, courts, and parties involved in mediation. It does not expand or restrict mediation confidentiality beyond removing the obsolete reference.
Sentiment
The bill appears to have been broadly noncontroversial and received unanimous support in both chambers, passing the Senate 35-0 and the House 65-0. The lack of recorded committee debate and the technical nature of the amendment suggest general agreement that the change was a housekeeping correction rather than a policy shift. The bill was also signed by the Governor and enacted as Session Law Chapter 103.
Contention
There is little evidence of substantive contention around S1308. The only identifiable issue is the need to remove an outdated statutory reference to a court rule that no longer applies to mediation, a point raised in the statement of purpose and attributed to the Idaho Supreme Court’s recommendation. Because the bill is limited to conforming the statute to current procedural rules, no opposing policy positions are reflected in the available record.
Amends existing law to revise a provision regarding records shielded from disclosure and to provide for the collection of fees, fines, and restitution owed to the court.