Idaho
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Idaho. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Idaho can be found in RSI’s Research Library and in Reports below.
State Legislation
- Idaho Statute: Title 7, Chapter 15: Small Lawsuit Resolution Act
- Idaho Statute: Title 9, Chapter 8: Uniform Mediation Act
- Idaho Statute: Title 32, Chapter 14: Coordinated Family Services
Statewide Court ADR Rules and Procedures
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Idaho Statute: Title 7, Chapter 15 Small Lawsuit Resolution Act
Idaho Legislature. Jul. 1, 2018Resource Type: Legislation
Abstract: Title 7, Chapter 15 nstructing courts on how to process small claims disputes. Chapter 15 Section 03 instructs courts that in cases in which the total claims for damages is less than $35,000, courts have the option of sending such cases to mediation....
Idaho Statute: Title 32, Chapter 14: Coordinated Family Services
State of Idaho Legislature. Jul. 1, 2018Resource Type: Legislation
Abstract: This act lists essential components for an effective family services program, specifically mentioning the importance of mediation for child custody and visitation disputes. ...
Idaho Statute: Title 9, Chapter 8: Uniform Mediation Act
State of Idaho Legislature. Jul. 1, 2018Resource Type: Legislation
Abstract: Under this act, mediation communication is confidential, privileged and not subject to discovery or admissible as evidence in a court proceeding. Mediation parties, mediators and non-party mediation participants may refuse to disclose mediation commu...
Rules
Idaho Rules of Family Law Procedure Rule 603: Mediation of Other Matters
Idaho Supreme Court. Jan. 1, 2019Resource Type: Rules - Court
Abstract: This rule permits courts to refer all civil cases other than child custody and visitation disputes to mediation. Parties have 14 days to select a mediator and if they are unable to, the court will appoint a mediator from the judicial district's list ...
Idaho Rules of Civil Procedure Title VI - Alternative Dispute Resolution and Trial
Supreme Court of Idaho. Jan. 1, 2019Resource Type: Rules - Court
Abstract: These are the Supreme Court of Idaho's rules regarding alternative dispute resolution. Rule 37.1 addresses mediation of civil law suits. The rule discusses referral to mediation, how mediators are selected, the compensation of mediators, and the conf...
Idaho Criminal Rules 18.1 Mediation in Criminal Cases
Idaho Supreme Court. Adopted effective July 1, 2011; amended effective July 1, 2012Resource Type: Rules - Court
Abstract: This rule authorizes the court or either party in any criminal proceeding to request mediation. Participation is voluntary, and mediation will only be held if parties agree. In multi-defendant cases, not all parties need to agree in order to hold the...
Idaho Rules of Evidence Rule 507 - Conduct of Mediations
Supreme Court of Idaho. Adopted January 3, 2008; revised effective July 1, 2012Resource Type: Rules - Court
Abstract: Communications made in mediation are privileged and not subject to discovery or admissible as evidence. With some exceptions, this applies to mediations in which parties are required to mediate by court rule or statute, or are referred to mediation b...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Community Justice in Rural America: Four Examples and Four Futures
Dickey, Walter J.; McGarry, Peggy. Feb. 1, 2001Resource Type: Report
Abstract: This monograph describes four examples of rural community justice initiatives: Boise County, Idaho; Jefferson County, Oregon; Monroe County, Wisconsin; and Burlington, Vermont. Each is described in terms of how community justice grows in response to ...