{"data":{"id":"us-sd/sdcl-19-13a-3","jurisdiction":"us-sd","citation":"SDCL § 19-13A-3","heading":"Scope.","body":"(a) Except as otherwise provided in subsection (b) or (c), this chapter applies to a mediation in which:\n(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;\n(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\n(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.\n(b) The chapter does not apply to a mediation:\n(1) relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;\n(2) 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;\n(3) conducted by a judge who might make a ruling on the case; or\n(4) conducted under the auspices of:\n(A) a primary or secondary school if all the parties are students or\n(B) a correctional institution for youths if all the parties are residents of that institution.\n(c) 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, the privileges under §§ 19-13A-4 to 19-13A-6, inclusive, do not apply to the mediation or part agreed upon. However, §§ 19-13A-4 to 19-13A-6, inclusive, apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.","path":["TITLE 19. EVIDENCE","CHAPTER 19-13A. UNIFORM MEDIATION ACT"],"source_url":"https://sdlegislature.gov/Statutes/19-13A-3","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"cdc1e826f423341d8f8ae67fdbbce3fb4fb85b45c18785572d37f16a17876498","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-19-13a-2","next":"us-sd/sdcl-19-13a-4"},"notice":"GroundRules: Original legal text. Not legal advice."}