Section 679C.109. Mediator’s disclosure of conflicts of interest — background.

  1.  Before accepting a mediation, an individual who is requested to serve as a mediator shall do all of the following:

  a.  Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation.

  b.  Disclose any such known fact to the mediation parties as soon as is practicable before accepting a mediation.

  2.  If a mediator learns any fact described in subsection 1 after accepting a mediation, the mediator shall disclose it as soon as is practicable.

  3.  At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator’s qualifications to mediate a dispute.

  4.  A person that violates subsection 1, 2, or 7 is precluded by the violation from asserting a privilege under section 679C.104.

  5.  Subsections 1, 2, 3, and 7 do not apply to an individual acting as a judge.

  6.  This chapter does not require that a mediator have a special qualification by background or profession.

  7.  A mediator must be impartial, unless after disclosure of the facts required in subsections 1, 2, and 3 to be disclosed, the parties agree otherwise.

2005 Acts, ch 68, §14

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2006 Acts, ch 1030, §79