§ 25-2931.Terms, defined.

Article 29: Dispute Resolution Act and Uniform Mediation Act · Last amended 2003 · Last verified July 22, 2026

In one sentenceThis section defines nine terms used throughout the Uniform Mediation Act — mediation, mediation communication, mediator, nonparty participant, mediation party, person, proceeding, record, and sign — establishing the vocabulary that the privilege, confidentiality, and conduct rules in the following sections depend on.

Full Text of § 25-2931

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For purposes of the Uniform Mediation Act:

(1) Mediation means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.

(2) Mediation communication means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.

(3) Mediator means an individual who conducts a mediation.

(4) Nonparty participant means a person, other than a party or mediator, that participates in a mediation.

(5) Mediation party means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.

(6) Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

(7) Proceeding means:

(A) a judicial, administrative, arbitral, or other adjudicative process, including related prehearing and post-hearing motions, conferences, and discovery; or

(B) a legislative hearing or similar process.

(8) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(9) Sign means:

(A) to execute or adopt a tangible symbol with the present intent to authenticate a record; or

(B) to attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.

Source

Laws 2003, LB 255, § 2.

Plain-English Summary

Section 25-2931 builds the vocabulary the rest of the Uniform Mediation Act runs on. Mediation is the process where a mediator helps parties communicate and negotiate toward a voluntary agreement. A mediation communication is broader than it sounds: any oral, written, or nonverbal statement made during a mediation, or made to consider, conduct, join, start, continue, or reconvene one, or to retain a mediator, counts.

The act also distinguishes who is in the room. A mediation party is someone whose agreement is necessary to resolve the dispute, while a nonparty participant is anyone else, other than the mediator, who takes part, a witness or support person, for example. That distinction matters later: sections 25-2933 through 25-2935 give mediation parties, mediators, and nonparty participants each their own, separately held privilege over mediation communications.

The remaining definitions do quieter work. “Person” sweeps in individuals, corporations, government bodies, and other entities. “Proceeding” reaches judicial, administrative, and arbitral processes, plus legislative hearings. “Record” and “sign” extend the act’s protections to electronic communications and electronic signatures, not only paper and ink, so the act keeps pace with how mediation happens today.

Frequently Asked Questions

What counts as a “mediation communication” under Nebraska’s Uniform Mediation Act?

Any oral, written, or nonverbal statement made during a mediation, or made to consider, conduct, join, start, continue, or reconvene a mediation, or to retain a mediator.

What is the difference between a “mediation party” and a “nonparty participant”?

A mediation party is someone whose agreement is needed to resolve the dispute; a nonparty participant is anyone else, other than the mediator, who takes part in the mediation.

Does “person” under this act include a business or government agency, or only individuals?

It includes individuals, corporations, partnerships, government subdivisions and agencies, and other legal or commercial entities.

Does “proceeding” under the act mean only court cases?

No. It also reaches administrative and arbitral processes and legislative hearings, in addition to judicial proceedings.

Do the act’s definitions of “record” and “sign” cover electronic communications and signatures?

Yes. “Record” includes information stored electronically and retrievable in perceivable form, and “sign” includes attaching an electronic symbol or process with the intent to authenticate a record.

Why does it matter whether someone is a “mediator” versus a “nonparty participant”?

Each role carries its own privilege under section 25-2933, and the mediator faces separate disclosure and reporting duties under sections 25-2936 and 25-2938 that a nonparty participant does not.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source

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