Bill Analyses and Ratings
Bill Information: S1308 – Mediation Disclosure Rule Amendment
Bill Summary
Senate Bill 1308 amends Section 9-807 of the Idaho Code, which governs what mediators may disclose about mediation proceedings. The bill removes subsection (2)(d), which previously allowed mediators in mediations governed by Idaho Rule of Civil Procedure 16(j) to disclose information permitted under that rule. The bill also makes technical corrections by replacing “under” with “pursuant to” in subsection (2)(b) and adjusting punctuation to maintain proper list formatting after the deletion of subsection (2)(d).
The practical effect is to eliminate one specific exception to mediator confidentiality rules. Mediators will no longer be permitted to disclose information in Rule 16(j) mediations that was previously allowed under that civil procedure rule. The bill maintains existing exceptions allowing mediators to disclose whether mediation occurred, whether settlement was reached, attendance information, communications permitted under Section 9-806, and communications evidencing abuse or neglect of individuals.
Overall Assessment
This bill makes a narrow procedural change to Idaho’s mediation confidentiality rules by removing one disclosure exception for mediators in Rule 16(j) civil proceedings. The amendment tightens confidentiality protections in a specific category of civil mediations but does not affect broader policy areas. The change is technical in nature and limited to civil procedure rules governing mediation communications.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
The bill modifies disclosure rules for mediators under Section 9-807 of the Idaho Code. It does not address fiscal responsibility, taxation, government spending, legislative operations, or election procedures.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The amendments concern confidentiality rules in civil mediation proceedings. The bill does not address citizen participation in government, primary elections, voting procedures, or civic engagement.
ARTICLE III. EDUCATION (0)
The bill amends the Uniform Mediation Act regarding mediator disclosure requirements. It contains no provisions related to education policy, curriculum, school choice, parental rights in education, or educational funding.
ARTICLE IV. AGRICULTURE (0)
The bill addresses civil procedure rules for mediation confidentiality. It does not address agriculture, farming operations, agricultural education, trade, or family farms.
ARTICLE V. WATER (0)
The amendments modify mediator reporting requirements under Section 9-807. The bill does not address water rights, water appropriation, inter-basin transfers, or water resource management.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill concerns disclosure rules in mediation proceedings. It does not address natural resource management, environmental policy, federal land management, or conservation practices.
ARTICLE VII. ENERGY (0)
The amendments to Section 9-807 concern civil mediation procedures. The bill does not address energy independence, energy resource development, electrical rates, or energy research.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill modifies mediator confidentiality rules in civil proceedings. It does not address the Idaho National Laboratory, nuclear research, technology development, or DOE programs.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill amends disclosure requirements for mediators under the Uniform Mediation Act. It does not address property rights, eminent domain, takings, just compensation, or property development regulations.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The amendments concern civil mediation confidentiality rules. The bill does not address state or federal land management, land ownership, or administration of public lands.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill modifies Section 9-807 regarding mediator reports and disclosures. It does not address wildlife management, fish and game policy, hunting, fishing, or predator control.
ARTICLE XII. ECONOMY (0)
The amendments make technical changes to mediation disclosure procedures. The bill does not address commerce, industry, small business regulation, labor policy, or economic development.
ARTICLE XIII. HEALTH AND WELFARE (0)
The bill amends civil mediation confidentiality rules under Section 9-807. It does not address healthcare delivery, health insurance, the Affordable Care Act, or welfare programs.
ARTICLE XIV. AMERICAN FAMILY (0)
The amendments concern mediator disclosure requirements in civil proceedings. The bill does not address family values, marriage, abortion, right to life, or parental authority.
ARTICLE XV. OLDER AMERICANS (0)
The bill modifies confidentiality rules for mediators. It does not address policies affecting older Americans, retirement, workforce participation, or services for seniors.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
The bill amends civil mediation procedures under the Uniform Mediation Act. It does not address criminal justice matters including gun rights, the death penalty, drug policy, incarceration, or juvenile justice.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
The amendments concern disclosure rules in civil mediation. The bill does not address national defense, veterans, military operations, border security, or the National Guard.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill modifies mediator confidentiality requirements under Section 9-807. It does not address judicial elections, judicial selection processes, or constitutional interpretation principles.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
The amendments concern civil mediation disclosure procedures. The bill does not address religious freedom, free exercise of religion, or the Religious Freedom Restoration Act.