Unless subject to the Open Meetings Act or sections 84-712 to 84-712.09,
mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this state.
§ 25-2937.Confidentiality.
Article 29: Dispute Resolution Act and Uniform Mediation Act · Last amended 2004 · Last verified July 22, 2026
In one sentenceThis section adds a general confidentiality duty over mediation communications, distinct from the evidentiary privilege in section 25-2933, that runs to whatever extent the parties agree or other Nebraska law or rule provides, subject to the Open Meetings Act and the state’s public records statutes.
Full Text of § 25-2937
Source
Laws 2003, LB 255, § 8; Laws 2004, LB 821, § 9.
Cross References
Open Meetings Act, see section 84-1407.
Plain-English Summary
Section 25-2937 sits alongside, rather than inside, the privilege created by section 25-2933. Privilege is a rule about what can be forced into evidence or discovery in a proceeding. Confidentiality is broader and looser: it addresses whether mediation communications can be shared or discussed at all, outside of any court fight over admissibility.
The section keeps that confidentiality duty flexible instead of pinning it to one fixed rule. Mediation communications stay confidential to the extent the parties agree, or to whatever extent some other Nebraska law or court rule provides. That means the exact boundary of confidentiality can shift from one mediation to the next, depending on what the parties settle on going in and what other statutes or rules touch the particular dispute.
Two carve-outs limit how far that confidentiality can reach. It gives way to the Open Meetings Act where that act applies, and to Nebraska’s public records statutes, sections 84-712 to 84-712.09. A mediation conducted by or for a public body does not get to use this section to sidestep open-government law.
Frequently Asked Questions
How is confidentiality under section 25-2937 different from the privilege under section 25-2933?
Privilege governs whether a mediation communication can be forced into evidence or discovery in a proceeding; confidentiality more broadly addresses whether the communication can be shared at all, and its scope depends on party agreement or other law.
Who decides how confidential a particular mediation is?
The parties, by agreement, or other Nebraska law or court rule that applies to that mediation.
Does confidentiality under this section override Nebraska’s public records law?
No. The confidentiality duty is expressly subject to sections 84-712 to 84-712.09, Nebraska’s public records statutes.
Can a public body use mediation to avoid the Open Meetings Act?
No. Section 25-2937 is subject to the Open Meetings Act, so mediation confidentiality does not override that act where it applies.
If the parties never discussed confidentiality before mediating, is anything still protected?
The evidentiary privilege in section 25-2933 applies independent of any confidentiality agreement; the broader confidentiality duty in section 25-2937 depends on what the parties agreed or what other law or rule requires.
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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