Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-2933 (2026)

Privilege against disclosure; admissibility; discovery

✓ current as of July 2026
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(a) Except as otherwise provided in section 25-2935, a mediation communication is privileged as provided in subsection (b) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by section 25-2934.

(b) In a proceeding, the following privileges apply:

(1) A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.

(2) A mediator may refuse to disclose a mediation communication and may prevent any other person from disclosing a mediation communication of the mediator.

(3) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.

(c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2007–2025 · leading case: Carlson v. Carlson, 299 Neb. 526 (Neb. 2018).
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Carlson v. Carlson, 299 Neb. 526 (Neb. 2018). · cites it 2× “41 Having reviewed the parties' arguments and the record, we find no abuse of discretion in the award of attorney fees. CONCLUSION For the foregoing reasons, we affirm the judgment of the district court.”
State Ex Rel. Upper Repub. Nat. Resources Dist. v. Honorable Dist. Judges, 728 N.W.2d 275 (Neb. 2007). · cites it 2× “” Another example is found in Neb. Rev. Stat. § 25-2933 (a) (Cum. Supp.”
Shriner v. Friedman Law Offices (Neb. Ct. App. 2016). · cites it 7× “She maintained that mediation communications were privileged pursuant to Neb. Rev. Stat. § 25-2933 (Reissue 2008) and that Miller’s testimony could not be considered absent an express waiver from all parties to the mediation.”
Gilbert v. Johnson (D. Neb. 2025). · cites it 3× “]” Neb. Rev. Stat. § 25-2933 (a). This means “[a] mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.”
— Neb. Rev. Stat. § 25-2933(b)(1) — 1 case
Shriner v. Friedman Law Offices (Neb. Ct. App. 2016). “She maintained that mediation communications were privileged pursuant to Neb. Rev. Stat. § 25-2933 (Reissue 2008) and that Miller’s testimony could not be considered absent an express waiver from all parties to the mediation.”
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