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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