Nebraska
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 Nebraska. 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 Nebraska can be found in RSI’s Research Library and in Reports below.
State Legislation
- Nebraska Revised Statutes 25-2901- 25:2921: Nebraska Dispute Resolution Act
- Nebraska Revised Statutes 25-2930 - 25-2942: Nebraska Uniform Mediation Act
- Nebraska Revised Statute 25-2943: Referral of civil cases to mediation or alternative dispute resolution; rules of practice
- Nebraska Revised Statute 34-112.02: Division fence; mediation
- Nebraska Revised Statute 33-155: Additional court cost, dispute resolution fee
- Nebraska Revised Statute 43-274: County attorney; preadjudication powers and duties; juvenile court petition, pretrial diversion, or mediation; procedures
- Nebraska Revised Statute 43-247.03: Facilitated conferencing; confidential; privileged communications
- Nebraska Revised Statutes 43-2920 - 43-2943: Nebraska Parenting Act
Statewide Court ADR Rules and Policies
State Office of Court ADR:
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 ...
Nebraska Revised Statute 34-112.02: Division fence; mediation
Nebraska Legislature. Jul. 19, 2018Resource Type: Legislation
Abstract: This statute states that landowners involved in a division fence dispute may pursue mediation after the initial filing of a complaint. The court may refer the case to mediation if parties consent, and information about mediation will be provided thro...
Nebraska Revised Statutes 43-2920 - 43-2943: Nebraska Parenting Act
Nebraska Judicial Branch. Jan. 1, 2018Resource Type: Legislation
Abstract: In regards to mediation, this act states that a court, party, attorney, or involved agency may refer a custody, parenting time, visitation, other access or related matter to mediation or another ADR process at any time. The act provides requirements ...
Nebraska Revised Statute 43-274: County attorney; preadjudication powers and duties; juvenile court petition, pretrial diversion, or mediation; procedures
Nebraska Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: For juvenile cases involving nonviolent crimes, this statute allows the county attorney to offer mediation to the juvenile and the victim. The statute sets basic guidelines for the timeline of the mediation and requirements for mediation agreements. ...
Nebraska Revised Statute 25-2943: Referral of civil cases to mediation or alternative dispute resolution; rules of practice
Nebraska Legislature. Jan. 1, 2017Resource Type: Legislation
Abstract: Under this statute, courts 'may refer civil cases to mediation or another form of alternative dispute resolution.' Trial courts, appellate courts, or the Supreme Court may adopt "rules of practice governing the procedures for referral of cases to med...
Nebraska Revised Statute 43-247.03: Facilitated conferencing; confidential; privileged communications
Nebraska Legislature. Jan. 1, 2012Resource Type: Legislation
Abstract: Under this statute, "the court may provide the parties the opportunity to address issues involving the child's care and placement, services to the family, and other concerns through facilitated conferencing." This process could include prehearing or ...
Nebraska Revised Statute 33-155: Additional court cost, dispute resolution fee
Nebraska Legislature. Jan. 1, 2003Resource Type: Legislation
Abstract: This statutes establishes a "dispute resolution fee" of 75 cents for every case filed in every county and district court, as well as every appeal filed in the Court of Appeals and Supreme Court. The fees will be credited to the Dispute Resolution Cas...
Nebraska Revised Statutes 25-2930 - 25-2942: Nebraska Uniform Mediation Act
Nebraska Legislature. Jan. 1, 1970Resource Type: Legislation
Abstract: This statute sets guidelines for privilege and confidentiality of information exchanged during mediation. It also addresses prohibited mediator reports and mediator conflicts of interest. ...
Nebraska Revised Statutes 25-2901 - 25-2921: Nebraska Dispute Resolution Act
Nebraska Legislature. Enacted 1991; amended May 2019Resource Type: Legislation
Abstract: This statute establishes the Office of Dispute Resolution, which will encourage the formation of and support dispute resolution centers in the state, provide training programs for mediators and collect statistical data on the use of ADR in the state....
Rules
Nebraska Restorative Justice Facilitator Standards of Practice
Nebraska Office of Dispute Resolution. Aug. 1, 2020Resource Type: Standards - Court
Abstract: These standards are intended to inform the practice and training of restorative justice facilitators in Nebraska. In Nebraska, restorative justice practices include victim youth conferences, victim-offender mediation, family group conferences, circle...
Nebraska Standards of Practice and Ethics for Family Mediators
Nebraska Administrative Office of the Courts. Oct. 26, 2008Resource Type: Rules - Court
Abstract: The Nebraska Standards of Practice and Ethics for Family Mediators serve as the foundation for the standards and conduct of mediators practicing under the Parenting Act and family mediation in the state. The standards address awareness of self-determ...
Nebraska Supreme Court Rules 1-701 - 1-707: Office of Dispute Resolution
Supreme Court of Nebraska. January 1, 1992; revised July 2, 2008Resource Type: Rules - Court
Abstract: These rules set forth the guidelines of conduct for the Office of Dispute Resolution and its various centers. These rules deal with topics including appointment and meetings of an advisory council, the responsibilities of the office director, applica...
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...
United States District Court of Nebraska Report on Mediation, 1998
Jan. 1, 1998Resource Type: Study
Abstract: This study examines the evolution of the mediation program in the U.S. District Court for Nebraska from its inception in January 1995 to December 1998. This voluntary program refers cases either to private mediators or to a mediation center created u...
Nebraska Supreme Court Office of Dispute Resolution Annual Caseload Reports
Nebraska Supreme Court Office of Dispute Resolution. Jan. 1, 2018Resource Type: Report
Abstract: These reports summarize the work of the Nebraska Office of Dispute Resolution (ODR). The office was created in 1991 and currently works with six non-profit mediation centers throughout the state. The reports provide annual caseload statistics from ea...
Contacts
Nebraska Supreme Court Office of Dispute Resolution
Resource Type: Organization
Abstract: The Office of Dispute Resolution was created as part of Nebraska's Administrative Office of the Courts in 1991. It "oversees the development of dispute resolution and collaborative problem-solving programs in Nebraska," and collaborates with communit...
Nebraska Workers' Compensation Court Informal Dispute Resolution and Mediation
Resource Type: Program
Abstract: This program is available to those involved in workers' compensation disputes as an alternative to going to court. Attorney/mediators received mediation training through the Nebraska Office of Dispute Resolution. The program provides brochures that b...