For the purposes of this chapter, the term:
(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) “Mediation party” means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.
(4) “Mediator” means an individual who conducts a mediation.
(5) “Nonparty participant” means a person, other than a party or mediator, that participates in a mediation.
(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 pre-hearing 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.
This section is referenced in § 16-4210.
Uniform Law: This section is based upon § 2 of the Uniform Mediation Act.