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§ 25-2936.Prohibited mediator reports.

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

In one sentenceThis section bars a mediator from reporting to a court, agency, or arbitrator anything evaluative about how mediation went, permitting only narrow disclosures — that mediation happened or ended, whether it settled, and who attended — and voiding any consideration of a report made in violation.

Full Text of § 25-2936

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(a) Except as required in subsection (b) of this section, a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation.
(b) A mediator may disclose:
(1) whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;
(2) a mediation communication as permitted under section 25-2935; or
(3) a mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment.
(c) A communication made in violation of subsection (a) of this section may not be considered by a court, administrative agency, or arbitrator.

Source

Laws 2003, LB 255, § 7.

Plain-English Summary

Section 25-2936 keeps the person deciding a case from learning what the mediator thinks about it. A mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication about a mediation to a court, administrative agency, or other authority that might rule on the underlying dispute. That bar reaches beyond formal written reports; it covers any communication carrying the mediator’s take on the mediation’s merits or the parties’ conduct.

Three narrow categories of disclosure remain open. A mediator may say whether the mediation occurred or has ended, whether the parties reached a settlement, and who attended, which lets a court manage its docket without learning anything about the substance of what was discussed. A mediator may also disclose a communication that section 25-2935 already strips of privilege, and may disclose a mediation communication showing abuse, neglect, abandonment, or exploitation of an individual to the public agency responsible for protecting people against that kind of mistreatment.

The section backs its own rule with an enforcement mechanism: a communication a mediator makes in violation of the reporting ban cannot be considered by the court, agency, or arbitrator deciding the case. A decision-maker who receives a prohibited report cannot rely on it, whatever it says.

Frequently Asked Questions

Can a mediator tell the judge who is right in a dispute the mediator handled?

No. Section 25-2936 bars a mediator from making any report, assessment, evaluation, recommendation, or finding about the mediation to a decision-maker who might rule on the dispute.

What can a mediator tell the court about a case that went to mediation?

Only that the mediation occurred or ended, whether the parties settled, and who attended, plus any communication already excepted from privilege under section 25-2935 or one showing abuse, neglect, abandonment, or exploitation that must go to a protective services agency.

What happens if a mediator sends the judge a prohibited report anyway?

The court, agency, or arbitrator may not consider that communication in deciding the case.

Does this section stop a mediator from ever reporting abuse or neglect discovered during mediation?

No. It carves out an exception letting the mediator disclose such a communication to the public agency responsible for protecting people against that mistreatment.

Why does Nebraska bar mediators from evaluating the case to the judge?

Keeping the mediator’s opinion of the merits away from the decision-maker protects the mediation privilege in section 25-2933 and the mediator’s neutrality described in section 25-2938.

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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