Article 29: Dispute Resolution Act and Uniform Mediation Act · Last amended 2003 · Last verified July 22, 2026
In one sentenceThis section lists the situations where Nebraska’s mediation privilege does not apply at all — signed agreements, open or public mediation sessions, threats of violence, crime planning, and abuse or neglect proceedings — plus a court-ordered override after an in-camera hearing for felony cases.
Full Text of § 25-2935
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(a) There is no privilege under section 25-2933 for a mediation communication that is:
(1) in an agreement evidenced by a record signed by all parties to the agreement;
(2) available to the public under sections 84-712 to 84-712.09 or made during a session of a mediation which is open, or is required by law to be open, to the public;
(3) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;
(4) intentionally used to plan a crime, attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity;
(5) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;
(6) except as otherwise provided in subsection (c) of this section, sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or
(7) sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is
a party.
(b) There is no privilege under section 25-2933 if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and that the mediation communication is sought or offered in:
(1) a court proceeding involving a felony; or
(2) except as otherwise provided in subsection (c) of this section, a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.
(c) A mediator may not be compelled to provide evidence of a mediation communication referred to in subdivision (a)(6) or (b)(2) of this section.
(d) If a mediation communication is not privileged under subsection (a) or (b) of this section, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection (a) or (b) of this section does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.
Source
Laws 2003, LB 255, § 6.
Plain-English Summary
Section 25-2933’s privilege is broad, but section 25-2935 carves out communications that were never meant to stay behind closed doors, or that the public interest requires bringing forward. Some exceptions apply without any court involvement. There is no privilege for a mediation communication captured in a signed agreement, for one made during a mediation session that is open, or required by law to be open, to the public, or for one available to the public under Nebraska’s public records statutes. There is also no privilege for a threat or stated plan to inflict bodily injury or commit a violent crime, or for a communication intentionally used to plan, attempt, or conceal a crime.
A second cluster addresses accountability within the mediation process itself. Communications sought or offered to prove or disprove a claim of professional misconduct or malpractice against a mediator lose the privilege outright. The same is true for a misconduct or malpractice claim against a mediation party, nonparty participant, or representative, based on conduct during the mediation, though the mediator’s own communications about that conduct still cannot be compelled. And there is no privilege for a communication offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding where a child or adult protective services agency is a party, closing off any argument that mediation could shield mistreatment from the agencies built to catch it.
A third route runs through a judge rather than a fixed statutory category. A court, agency, or arbitrator can strip the privilege after an in-camera hearing if the party seeking the evidence shows it is not available anywhere else, that the need for it substantially outweighs the interest in keeping mediation confidential, and that the evidence is sought in a felony case or, again subject to the mediator’s own protection, in a proceeding to rescind, reform, or defend against liability on a contract that arose out of the mediation. Even when an exception opens the door, only the portion of the communication needed for that exception comes in, and letting it in for one purpose does not make it, or anything else said in mediation, admissible or discoverable for any other reason.
Frequently Asked Questions
Is there any mediation communication that is never privileged in Nebraska?
Yes. Section 25-2935 lists several categories with no privilege at all, including signed agreements, communications made in open or public sessions, threats of violence, and communications used to plan or conceal a crime.
Can someone use mediation communications to bring a malpractice claim against the mediator?
Yes. There is no privilege for communications sought or offered to prove or disprove a professional misconduct or malpractice claim against the mediator.
Can a court ever force disclosure of a mediation communication even if none of the listed exceptions applies on its face?
Yes, in narrow circumstances. After an in-camera hearing, a court, agency, or arbitrator can find no privilege applies if the evidence is not otherwise available, the need for it substantially outweighs confidentiality, and it is sought in a felony case or certain contract disputes arising from the mediation.
Does an abuse or neglect exception mean mediation cannot be used to hide mistreatment of a child?
Yes. There is no privilege for a mediation communication offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding where a child or adult protective services agency is a party.
If a court lets in part of a mediation communication under one of these exceptions, does that open the door to everything else said in mediation?
No. Only the portion necessary for the exception may be admitted, and admitting it for that purpose does not make the rest of the mediation discoverable or admissible.
Can a mediator be forced to testify about a party’s misconduct during mediation?
Generally no. Even where an exception removes the privilege for a misconduct or malpractice claim under subdivision (a)(6) or a contract claim under subdivision (b)(2), the mediator cannot be compelled to provide evidence of that communication.
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
Also known as:exceptions to mediation privilege nebraskawhen is mediation not confidentialthreat of violence mediation exceptionabuse neglect mediation privilege exceptioncourt ordered disclosure mediation felonymediator malpractice claim privilege exception