Section 78B-10-103 - Scope(1) 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, court, or administrative agency rule or 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 holds himself or herself out as a mediator or the mediation is provided by an entity that holds itself out as providing mediation.(2) 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 as a part of the judge's official judicial duties; or(d) conducted under the auspices of: (i) a primary or secondary school if all the parties are students; or(ii) a correctional institution for youths if all the parties are residents of that institution.(3) 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 Sections 78B-10-104 through 78B-10-106 do not apply to the mediation or part agreed upon. However, Sections 78B-10-104 through 78B-10-106 apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.Amended by Chapter 232, 2012 General Session ,§ 2, eff. 5/8/2012.Renumbered and Amended by Chapter 3, 2008 General Session