Text: HF02138                           Text: HF02140
Text: HF02100 - HF02199                 Text: HF Index
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House File 2139

Partial Bill History

Bill Text

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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