Text: HF02477 Text: HF02479 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2478 1 2 1 3 AN ACT 1 4 RELATING TO CONFIDENTIALITY IN THE MEDIATION PROCESS. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 Section 1. NEW SECTION. 679C.1 DEFINITIONS. 1 9 As used in this chapter, unless the context suggests 1 10 otherwise: 1 11 1. "Mediation" means a process in which an impartial 1 12 person facilitates the resolution of a dispute by promoting 1 13 voluntary agreement of the parties to the dispute. In a 1 14 mediation, the decision-making authority rests with the 1 15 parties. A mediation commences at the time of initial contact 1 16 with a mediator or mediation program and includes all contacts 1 17 between the mediator or a mediation program and any party 1 18 until such time as a resolution is reached by the parties or 1 19 the mediation process concludes. 1 20 2. "Mediation communication" means any communication or 1 21 behavior in connection with a mediation by or between any 1 22 party, mediator, mediation program, or any other person 1 23 present during a mediation. 1 24 3. "Mediation document" means any written material, 1 25 including copies of written material, prepared for the purpose 1 26 of or in the course of, or pursuant to, a mediation, 1 27 including, but not limited to, memoranda, notes, files, 1 28 records, and work product of a mediator, mediation program, or 1 29 party, except that a "mediation document" shall not include 1 30 either of the following: 1 31 a. An agreement by the parties which specifies that the 1 32 mediation documents may be disclosed or enforced. 1 33 b. Summary records of a mediation program necessary to 1 34 evaluate or monitor the performance of the program. 1 35 4. "Mediation program" means a plan or organization 2 1 through which mediators and mediations may be provided. 2 2 5. "Mediator" means an impartial person who facilitates 2 3 the resolution of a dispute between parties in the mediation 2 4 process. 2 5 6. "Party" means a mediation participant other than the 2 6 mediator and may be a person, public officer, corporation, 2 7 association, or other organization or entity, either public or 2 8 private. 2 9 Sec. 2. NEW SECTION. 679C.2 CONFIDENTIALITY. 2 10 If a mediation is conducted pursuant to a court order, a 2 11 court-connected mediation program, a written agreement between 2 12 the parties, or a provision of law, all mediation 2 13 communications and mediation documents are privileged and 2 14 confidential and not subject to disclosure in any judicial or 2 15 administrative proceeding except under any of the following 2 16 circumstances: 2 17 1. When all parties to a mediation agree, in writing, to 2 18 disclosure. 2 19 2. When a written agreement by the parties to mediate 2 20 permits disclosure. 2 21 3. When disclosure is required by statute. 2 22 4. When a mediation communication or mediation document 2 23 provides evidence of an ongoing or future criminal activity. 2 24 5. When a mediation communication or mediation document 2 25 provides evidence of child abuse as defined in section 232.68, 2 26 subsection 2. 2 27 6. When a mediation communication or mediation document is 2 28 relevant to the legal claims of a party against a mediator or 2 29 mediation program arising out of a breach of the legal 2 30 obligations of the mediator or mediation program. 2 31 7. When a mediation communication or mediation document is 2 32 relevant to determining the existence of an agreement that 2 33 resulted from the mediation or is relevant to the enforcement 2 34 of such an agreement. 2 35 Sec. 3. NEW SECTION. 679C.3 MEDIATOR PRIVILEGE. 3 1 If a mediation is conducted pursuant to a court order, a 3 2 court-connected mediation program, a written agreement between 3 3 the parties, or a provision of law, a mediator or a 3 4 representative of a mediation program shall not testify about 3 5 a mediation communication or mediation document in any 3 6 judicial or administrative proceeding except under any of the 3 7 following circumstances: 3 8 1. When all parties and the mediator agree, in writing, to 3 9 disclosure. 3 10 2. When disclosure is required by statute. 3 11 3. When a mediation communication or mediation document 3 12 provides evidence of an ongoing or future criminal activity. 3 13 4. When a mediation communication or mediation document 3 14 provides evidence of child abuse as defined in section 232.68, 3 15 subsection 2. 3 16 5. When a mediation communication or mediation document is 3 17 relevant to the legal claims of a party against a mediator or 3 18 mediation program arising out of a breach of the legal 3 19 obligations of the mediator or mediation program. 3 20 6. Provided all parties agree to disclosure, when a 3 21 mediation communication or mediation document is relevant to 3 22 determining the existence of an agreement that resulted from 3 23 the mediation or is relevant to the enforcement of such an 3 24 agreement. 3 25 Sec. 4. NEW SECTION. 679C.4 MEDIATOR IMMUNITY. 3 26 A mediator or a mediation program shall not be liable for 3 27 civil damages for a statement, decision, or omission made in 3 28 the process of mediation unless the act or omission by the 3 29 mediator or mediation program is made in bad faith, with 3 30 malicious purpose, or in a manner exhibiting willful or wanton 3 31 disregard of human rights, safety, or property. This section 3 32 shall apply to mediation conducted before the industrial 3 33 commissioner and mediation conducted pursuant to chapter 216. 3 34 Sec. 5. NEW SECTION. 679C.5 EXCLUSIONS. 3 35 Mediation conducted pursuant to sections 20.20 and 20.31 4 1 shall not be subject to this chapter. Except as provided in 4 2 section 679C.4, mediation conducted before the industrial 4 3 commissioner shall not be subject to this chapter. Except as 4 4 provided in section 679C.4 and except for mediation conducted 4 5 pursuant to chapter 216.15B, mediation conducted pursuant to 4 6 chapter 216 shall not be subject to this chapter. 4 7 Sec. 6. Section 13.14, Code 1997, is amended to read as 4 8 follows: 4 9 13.14 FARM MEDIATION SERVICE – CONFIDENTIALITY. 4 10 1. Meetings of the farm mediation service are closed 4 11 meetings and are not subject to chapter 21. 4 122. Verbal or written information relating to the mediation4 13process and transmitted between a party to a dispute and the4 14farm mediation service, including a mediator or the mediation4 15staff, or any other person present during any stage of the4 16mediation process conducted by the service, whether reflected4 17in notes, memoranda, or other work products in the case files,4 18is a confidential communication. Mediators and staff members4 19shall not be examined in any judicial or administrative4 20proceeding regarding confidential communications and are not4 21subject to judicial or administrative process requiring the4 22disclosure of confidential communications.4 2332. Confidentiality is also protected as provided in 4 24 section654A.13679C.2. 4 25 Sec. 7. NEW SECTION. 20.31 MEDIATOR PRIVILEGE. 4 26 1. As used in this section, unless the context otherwise 4 27 requires: 4 28 a. "Mediation" means a process in which an impartial 4 29 person attempts to facilitate the resolution of a dispute by 4 30 promoting voluntary agreement of the parties to the dispute. 4 31 Mediation shall be deemed to commence upon the mediator's 4 32 receipt of notice of assignment and shall be deemed to 4 33 conclude when the dispute is resolved. 4 34 b. "Mediator" means a member or employee of the board or 4 35 any other person appointed or requested by the board to assist 5 1 parties in resolving disputes involving collective bargaining 5 2 impasses, contested cases, other agency cases, or contract 5 3 grievances. 5 4 2. A mediator shall not be required to testify in any 5 5 judicial, administrative, or grievance proceeding regarding 5 6 any matters occurring in the course of a mediation, including 5 7 any verbal or written communication or behavior, other than 5 8 facts relating exclusively to the timing or scheduling of 5 9 mediation. A mediator shall not be required to produce or 5 10 disclose any documents, including notes, memoranda, or other 5 11 work product, relating to mediation, other than documents 5 12 relating exclusively to the timing or scheduling of mediation. 5 13 This subsection shall not apply in any of the following 5 14 circumstances: 5 15 a. The testimony, production, or disclosure is required by 5 16 statute. 5 17 b. The testimony, production, or disclosure provides 5 18 evidence of an ongoing or future criminal activity. 5 19 c. The testimony, production, or disclosure provides 5 20 evidence of child abuse as defined in section 232.68, 5 21 subsection 2. 5 22 Sec. 8. Section 22.7, subsection 20, Code Supplement 1997, 5 23 is amended by striking the subsection. 5 24 Sec. 9. Section 22.7, Code Supplement 1997, is amended by 5 25 adding the following new subsection: 5 26 NEW SUBSECTION. 38. Mediation documents as defined in 5 27 section 679C.1, except written mediation agreements that 5 28 resulted from a mediation which are signed on behalf of a 5 29 governing body. However, confidentiality of mediation 5 30 documents resulting from mediation conducted pursuant to 5 31 chapter 216 shall be governed by chapter 216. 5 32 Sec. 10. Section 216.15B, Code 1997, is amended to read as 5 33 follows: 5 34 216.15B MEDIATION – CONFIDENTIALITY. 5 35 1. For the purposes of this section, "mediator" shall be 6 1 the person designated in writing by the commission to conduct 6 2 mediation of a complaint filed under this chapter. The 6 3 written designation must specifically refer to this section. 6 42. All verbal or written information relating to the6 5subject matter of a mediation agreement and transmitted6 6between either the complainant or the respondent and a6 7mediator to resolve a complaint filed under this chapter,6 8whether reflected in notes, memoranda, or other work products,6 9is a confidential communication except as otherwise expressly6 10provided in this chapter. Mediators involved in a mediation6 11under this section shall not be examined in any judicial or6 12administrative proceeding regarding the confidential6 13communications and are not subject to judicial or6 14administrative process requiring the disclosure of the6 15confidential communications. If a written confidential6 16communication is kept by the mediator it must be kept in a6 17mediation file which is maintained separately from the case6 18file. The confidential communications may not be included in6 19the commission's case file unless the person providing the6 20information consents to its inclusion in the case file. The6 21mediation file is not part of the file made available to the6 22parties upon the commission's receipt of a right to sue6 23letter. Information maintained in the mediation file and not6 24included in the case file shall not be considered when making6 25a recommendation or decision regarding screening, probable6 26cause, or any issue in a contested case.6 273. A mediator who has reason to believe that a complainant6 28or respondent has given perjured evidence concerning a6 29confidential communication is not barred by this section from6 30disclosing the basis for this belief to any party to a cause6 31in which the alleged perjury occurs or to the appropriate6 32authorities, including testifying concerning the relevant6 33confidential communications. If a dispute regarding the6 34existence of a mediation agreement exists, the terms of the6 35mediation agreement, or the conduct of the mediation process7 1itself, the mediator may be examined regarding relevant7 2confidential communications.7 3 2. If mediation is conducted pursuant to this section, the 7 4 confidentiality of all mediation communications and mediation 7 5 documents is protected as provided in section 679C.2. 7 6 Sec. 11. Section 654A.13, Code 1997, is amended by 7 7 striking the section and inserting in lieu thereof the 7 8 following: 7 9 654A.13 CONFIDENTIALITY. 7 10 If mediation is conducted pursuant to this chapter, the 7 11 confidentiality of all mediation communications and mediation 7 12 documents is protected as provided in section 679C.2. 7 13 Sec. 12. Section 679.12, Code 1997, is amended by striking 7 14 the section and inserting in lieu thereof the following: 7 15 679.12 CONFIDENTIALITY. 7 16 If mediation is conducted pursuant to this chapter, the 7 17 confidentiality of all mediation communications and mediation 7 18 documents is protected as provided in section 679C.2. 7 19 7 20 7 21 7 22 RON J. CORBETT 7 23 Speaker of the House 7 24 7 25 7 26 7 27 MARY E. KRAMER 7 28 President of the Senate 7 29 7 30 I hereby certify that this bill originated in the House and 7 31 is known as House File 2478, Seventy-seventh General Assembly. 7 32 7 33 7 34 7 35 ELIZABETH ISAACSON 8 1 Chief Clerk of the House 8 2 Approved , 1998 8 3 8 4 8 5 8 6 TERRY E. BRANSTAD 8 7 Governor
Text: HF02477 Text: HF02479 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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