When persons agree to conduct and participate in a mediation for the purpose of compromising, settling, or resolving a dispute, evidence of anything said or of any admission made in the course of the mediation is inadmissible as evidence and disclosure may not be compelled in any subsequent civil proceeding except as provided in this section. This section does not limit the compulsion nor the admissibility of evidence if:

Terms Used In North Dakota Code 31-04-11

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.

1.    The evidence relates to a crime, civil fraud, or a violation under the Uniform Juvenile Court Act; 2.    The evidence relates to a breach of duty by the mediator; 3.    The validity of the mediated agreement is in issue; or

4.    All persons who conducted or otherwise participated in the mediation consent to disclosure.

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