North Dakota Code § 31-04-11

Mediation - Inadmissibility of evidence - Exception
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When persons agree to conduct and participate in a mediation for the purpose of 
compromising, settling, or resolving a dispute, evidence of anything said or of any admission 
made in the course of the mediation is inadmissible as evidence and disclosure may not be 
compelled in any subsequent civil proceeding except as provided in this section. This section 
does not limit the compulsion nor the admissibility of evidence if:
1. The evidence relates to a crime, civil fraud, or a violation under the Uniform Juvenile 
Court Act;
2. The evidence relates to a breach of duty by the mediator;
3. The validity of the mediated agreement is in issue; or
4. All persons who conducted or otherwise participated in the mediation consent to 
disclosure.

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