§ 25-2942.Application to existing agreements or referrals.
Article 29: Dispute Resolution Act and Uniform Mediation Act · Last amended 2003 · Last verified July 22, 2026
Full Text of § 25-2942
Source
Laws 2003, LB 255, § 13.
Plain-English Summary
Section 25-2942 answers a transition question: which mediations does the new act cover? The Uniform Mediation Act governs a mediation carried out under a referral or an agreement to mediate made on or after August 31, 2003. Anyone whose mediation started under a referral or agreement from that date forward falls squarely within the act from day one.
The act’s reach then widens on a fixed later date. Starting January 1, 2004, the Uniform Mediation Act governs an agreement to mediate no matter when that agreement was made, even one signed years before the act existed. That phased approach gave parties and mediators a runway to adjust their practices before the act swept in older agreements.
The section closes with a scope reminder rather than a new rule: the act is meant to address issues of privilege, and it does not diminish any other mediation requirement found elsewhere in Nebraska’s statutes. A separate law that imposes its own mediation procedure, reporting duty, or qualification requirement stays in force alongside the Uniform Mediation Act; this act does not repeal or narrow it.
Frequently Asked Questions
Does the Uniform Mediation Act apply to a mediation agreement signed before the act existed?
Yes, starting January 1, 2004, the act governs an agreement to mediate whenever made, not only agreements made after the act’s original effective date.
What was the act’s original effective date for new referrals and agreements?
August 31, 2003. The act governs mediations under a referral or agreement to mediate made on or after that date.
Why does the act have two different effective dates?
The earlier date, August 31, 2003, covers new referrals and agreements right away; the later date, January 1, 2004, extends coverage to agreements made before the act existed, giving a transition period first.
Does the Uniform Mediation Act replace other Nebraska laws about mediation?
No. Section 25-2942 states that the act addresses privilege and does not diminish any other mediation requirement under Nebraska statutes.
If another Nebraska statute requires a specific mediation procedure for a certain type of case, does the Uniform Mediation Act override it?
No. This section preserves other mediation requirements in Nebraska law; the Uniform Mediation Act focuses on privilege rather than displacing them.