Text: HF02138 Text: HF02140 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 598.7B MEDIATION
1 2 CONFIDENTIALITY.
1 3 1. In any mediation proceeding conducted pursuant to this
1 4 chapter, all information, communications, and documents
1 5 related to the subject matter of the mediation or the
1 6 underlying court action are confidential, and shall not be
1 7 disclosed in any judicial or administrative proceeding, except
1 8 in the following circumstances:
1 9 a. All parties to the mediation proceeding agree in
1 10 writing to the disclosure.
1 11 b. A written agreement by the parties to mediate permits
1 12 such disclosure.
1 13 c. Disclosure is required by statute.
1 14 d. A communication or document provides evidence of
1 15 ongoing or future criminal activity.
1 16 e. A communication or document provides evidence of child
1 17 abuse as defined in section 232.68.
1 18 f. A communication or document is relevant to the legal
1 19 claims of a party to the mediation proceeding against a
1 20 mediator or mediation program, arising out of a breach of the
1 21 legal obligations of the mediator or mediation program.
1 22 g. A communication or document is relevant to determining
1 23 the existence of an agreement that resulted from the mediation
1 24 proceeding or is relevant to the enforcement of such an
1 25 agreement.
1 26 2. Mediators shall not be examined in any judicial or
1 27 administrative proceeding regarding confidential
1 28 communications related to a mediation proceeding and are not
1 29 subject to judicial or administrative process requiring the
1 30 disclosure of confidential communications, except in the
1 31 following circumstances:
1 32 a. All parties to the mediation proceeding agree in
1 33 writing to the disclosure.
1 34 b. A written agreement by the parties to mediate permits
1 35 such disclosure.
2 1 c. Disclosure is required by statute.
2 2 d. A communication or document provides evidence of
2 3 ongoing or future criminal activity.
2 4 e. A communication or document provides evidence of child
2 5 abuse as defined in section 232.68.
2 6 f. A communication or document is relevant to the legal
2 7 claims of a party to the mediation proceeding against a
2 8 mediator or mediation program, arising out of a breach of the
2 9 legal obligations of the mediator or mediation program.
2 10 g. A communication or document is relevant to determining
2 11 the existence of an agreement that resulted from the mediation
2 12 proceeding or is relevant to the enforcement of such an
2 13 agreement.
2 14 3. This section shall not prohibit the release of
2 15 information necessary to convey to the referring court the
2 16 disposition of a matter referred for mediation.
2 17 Sec. 2. NEW SECTION. 598.7C LIMITATION ON MEDIATOR
2 18 LIABILITY.
2 19 In any mediation proceeding conducted pursuant to this
2 20 chapter, the mediator shall not be liable for civil damages
2 21 for any statement, decision, or other act or omission made in
2 22 the process of mediation unless the act or omission of the
2 23 mediator was made in bad faith, with malicious purpose, or in
2 24 a manner exhibiting willful and wanton disregard of human
2 25 rights, safety, or property.
2 26 EXPLANATION
2 27 Code chapter 598, regarding domestic relations actions,
2 28 permits the court to order mediation in certain domestic
2 29 relations actions. The new Code sections added by this bill
2 30 apply to all mediation proceedings conducted in accordance
2 31 with the provisions of Code chapter 598, providing for
2 32 confidentiality of communications in mediations conducted
2 33 under the chapter, and for a limitation of civil liability of
2 34 the mediator.
2 35 New Code section 598.7B provides that all information,
3 1 communications, and documents related to a mediation
3 2 proceeding are considered confidential, and may not be
3 3 disclosed in any judicial or administrative proceeding, except
3 4 when the parties have agreed in writing to such disclosure,
3 5 the disclosure involves a past or future criminal act
3 6 including a disclosure of child abuse, or there is a dispute
3 7 about the existence of an agreement resulting from the
3 8 mediation or an allegation of breach of duty by the mediator.
3 9 The new Code section also prohibits testimony by the mediator,
3 10 except in the same kind of circumstances, but expressly allows
3 11 the mediator to report to the referring court on the status of
3 12 a matter referred for mediation.
3 13 New Code section 598.7C provides that the mediator shall
3 14 not be liable for damages for any act or omission unless it
3 15 was made with malice or in bad faith.
3 16 LSB 3274YH 77
3 17 jls/cf/24
Text: HF02138 Text: HF02140 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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