19-13A-2. Definitions.In this chapter:(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)'Mediator' means an individual who conducts a mediation.(4)'Nonparty participant' means a person, other than a party or mediator, that participates in a mediation.(5)'Mediation party' means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.(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 ublic 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. Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.
South Dakota Legal Code