Bill
HB 1048
Allows mediators to prepare a written summary instead of a full writing, prohibits unsigned summaries from reaching the court, and keeps a signed agreement required for court submi
Status & timeline (North Dakota)
- Bill: HB 1048 (Judiciary Committee; at the request of the Supreme Court)
- Subject: Amend and reenact N.D. Cent. Code § 14‑09.1‑07 (mediation agreement)
- Introduced: November 12, 2024
- Judiciary Committee adopted recommended amendment: January 8, 2025
- House vote: Yeas 93, Nays 0; Senate vote: Yeas 44, Nays 1 (dates recorded during engrossment/enrollment)
- Filed with Secretary of State: March 18, 2025
Purpose and intent
- To clarify and narrow the statutory requirements concerning written mediation agreements by making written documentation optional (a “written summary”) and by protecting unsigned mediation summaries from being presented to the court. The change reflects procedural guidance requested by the Supreme Court to streamline mediation practice while preserving parties’ rights and court oversight.
Key provisions and changes
- Replaces mandatory language requiring the mediator to “reduce to writing” any agreement of the parties with permissive language allowing the mediator to “prepare a written summary” of any agreement.
- Requires the mediator to inform parties of their right to review the agreement (or summary) with counsel before signing.
- States that a written summary “may not be shown to the court unless signed by the parties.” If an agreement is signed by the parties, the mediator shall present the agreement to the court.
- Confirms that a mediation agreement is not binding until approved by order of the court.
- Requires the mediator to advise the court whether an agreement was reached (i.e., the mediator must report settlement status to the court).
Who is affected
- Parties participating in court‑ordered or court‑connected mediations in North Dakota.
- Court‑appointed or private mediators working under the mediation statute.
- Trial courts that receive reports from mediators and decide whether to approve mediated agreements.
Practical impact
- Reduces the statutory obligation for mediators to create formal written agreements in every case, potentially decreasing administrative burden and allowing flexibility in how resolutions are documented.
- Strengthens confidentiality and control over what mediation materials reach the court by prohibiting unsigned summaries from being submitted.
- Preserves important protections for parties: they must be informed of counsel review rights, agreements remain nonbinding until judicial approval, and courts still receive notice whether a settlement was reached.
- Possible trade‑off: fewer mandatory written records may increase risk of post‑mediation disputes about terms if parties do not sign an agreement.
Procedural note
- The amended statute updates N.D.C.C. § 14‑09.1‑07. Courts and mediation programs should update forms and practitioner guidance to reflect the permissive summary option and the prohibition on submitting unsigned summaries to the court.
Compiled from official sources — confirm details with the bill’s official record.
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