South Dakota Administrative Rules
Title 12 - Department of Agriculture
Article 12:20 - Agricultural mediation
Chapter 12:20:03 - Water Drainage Mediation
Section 12:20:03:09 - Conduct at mediation sessions

(1) Mediation sessions are under the control of the mediator;

(2) The mediator must hold in strict confidence all information provided by the parties to the mediation, except as otherwise agreed to by the parties or provided by state law;

(3) All parties must have the opportunity to speak and state their positions. The Mediator may allow parties to offer evidence and present testimony from third parties;

(4) Legal counsel may be present and advise clients regarding legal rights and the implication of proposed solutions;

(5) All parties to the proceedings must make a good faith effort to resolve the dispute.