Section 679C.103. Scope.

  1.  Except as otherwise provided for in subsections 2 and 3, this chapter applies to a mediation that occurs under any of the following circumstances:

  a.  The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator.

  b.  The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure.

  c.  The mediation parties use as a mediator a person who holds oneself out as a mediator or the mediation is provided by a person who holds oneself out as providing mediation.

  2.  This chapter shall not apply to a mediation relating to or conducted under any of the following circumstances:

  a.  Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship.

  b.  Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that this chapter applies to a mediation arising out of a dispute that has been filed with an administrative agency or court.

  c.  Conducted by a judge who might make a ruling on the case.

  d.  Conducted at any of the following:

  (1)  A primary or secondary school if all the parties are students.

  (2)  A correctional institution for youths if all the parties are residents of that institution.

  3.  If the mediation parties agree in advance in a signed record, or a record of proceeding reflects agreement by the mediation parties, that all or part of a mediation is not privileged, the privileges under sections 679C.104 through 679C.106 do not apply to the mediation or part agreed upon. However, sections 679C.104 through 679C.106 apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.

2005 Acts, ch 68, §8

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2006 Acts, ch 1010, §157