As used in this chapter, unless the context suggests otherwise:
1. "Mediation" means a process in which an impartial person facilitates the resolution of a dispute by promoting voluntary agreement of the parties to the dispute. In a mediation, the decision-making authority rests with the parties. A mediation commences at the time of initial contact with a mediator or mediation program and includes all contacts between the mediator or a mediation program and any party until such time as a resolution is reached by the parties or the mediation process concludes.
2. "Mediation communication" means any communication or behavior in connection with a mediation by or between any party, mediator, mediation program, or any other person present during a mediation.
3. "Mediation document" means any written material, including copies of written material, prepared for the purpose of or in the course of, or pursuant to, a mediation, including, but not limited to, memoranda, notes, files, records, and work product of a mediator, mediation program, or party, except that a "mediation document" shall not include either of the following:
a. An agreement by the parties which specifies that the mediation documents may be disclosed or enforced.
b. Summary records of a mediation program necessary to evaluate or monitor the performance of the program.
4. "Mediation program" means a plan or organization through which mediators and mediations may be provided.
5. "Mediator" means an impartial person who facilitates the resolution of a dispute between parties in the mediation process.
6. "Party" means a mediation participant other than the mediator and may be a person, public officer, corporation, association, or other organization or entity, either public or private.
98 Acts, ch 1062, §1
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