Nevada § 40.680 - Mediation of certain claims required before action commenced or complaint amended; procedure; appointment of special master; effect of failure to mediate in good faith

§ 40.680. Mediation of certain claims required before action commenced or complaint amended; procedure; appointment of special master; effect of failure to mediate in good faith

1. Except as otherwise provided in this chapter, before a claimant commences an action

or amends a complaint to add a cause of action for a constructional defect against

a contractor, subcontractor, supplier or design professional, the matter must be submitted

to mediation, unless mediation is waived in writing by the contractor, subcontractor,

supplier or design professional and the claimant. 2. The claimant and each party alleged to have caused the constructional defect must

select a mediator by agreement. If the claimant and the other parties fail to agree upon a mediator within 20 days

after a mediator is first selected by the claimant, any party may petition the American

Arbitration Association, the Nevada Arbitration Association, Nevada Dispute Resolution

Services or any other mediation service acceptable to the parties for the appointment

of a mediator. A mediator so appointed may discover only those documents or records which are necessary

to conduct the mediation. The mediator shall convene the mediation within 30 days after the matter is submitted

to the mediator and shall complete the mediation within 45 days after the matter is

submitted to the mediator, unless the parties agree to extend the time. 3. Before the mediation begins: (a) The claimant shall deposit $50 with the mediation service; and (b) Each other party shall deposit with the mediation service, in equal shares, the

remaining amount estimated by the mediation service as necessary to pay the fees and

expenses of the mediator for the first session of mediation and shall deposit additional

amounts demanded by the mediation service as incurred for that purpose. 4. Unless otherwise agreed, the total fees for each day of mediation and the mediator

must not exceed $750 per day. 5. If the parties do not reach an agreement concerning the matter during mediation

or if any party who is alleged to have caused the constructional defect fails to pay

the required fees and appear, the claimant may commence an action or amend a complaint

to add a cause of action for the constructional defect in court and: (a) The reasonable costs and fees of the mediation are recoverable by the prevailing

party as costs of the action. (b) Any party may petition the court in which the action is commenced for the appointment

of a special master. 6. A special master appointed pursuant to subsection 5 may: (a) Review all pleadings, papers or documents filed with the court concerning the

action. (b) Coordinate the discovery of any books, records, papers or other documents by the

parties, including the disclosure of witnesses and the taking of the deposition of

any party. (c) Order any inspections on the site of the property by a party and any consultants

or experts of a party. (d) Order settlement conferences and attendance at those conferences by any representative

of the insurer of a party. (e) Require any attorney representing a party to provide statements of legal and factual

issues concerning the action. (f) Refer to the judge who appointed the special master or to the presiding judge

of the court in which the action is commenced any matter requiring assistance from

the court. The special master shall not, unless otherwise agreed by the parties, personally conduct

any settlement conferences or engage in any ex parte meetings regarding the action. 7. Upon application by a party to the court in which the action is commenced, any

decision or other action taken by a special master appointed pursuant to this section

may be appealed to the court for a decision. 8. A report issued by a mediator or special master that indicates that a party has

failed to appear before the mediator or special master or to mediate in good faith

is admissible in the action, but a statement or admission made by a party in the course

of mediation is not admissible.