20.31 Mediator privilege.
1. As used in this section, unless the context otherwise requires:
a. “Mediation” means a process in which an impartial person attempts to facilitate the resolution of a dispute by promoting voluntary agreement of the parties to the dispute. Mediation shall be deemed to commence upon the mediator’s receipt of notice of assignment and shall be deemed to conclude when the dispute is resolved.
b. “Mediator” means a member or employee of the board or any other person appointed or requested by the board to assist parties in resolving disputes involving collective bargaining impasses, contested cases, other agency cases, or contract grievances.
2. A mediator shall not be required to testify in any judicial, administrative, arbitration, or grievance proceeding regarding any matters occurring in the course of a mediation, including any verbal or written communication or behavior, other than facts relating exclusively to the timing or scheduling of mediation. A mediator shall not be required to produce or disclose any documents, including notes, memoranda, or other work product, relating to mediation, other than documents relating exclusively to the timing or scheduling of mediation. This subsection shall not apply in any of the following circumstances:
a. The testimony, production, or disclosure is required by statute.
b. The testimony, production, or disclosure provides evidence of an ongoing or future criminal activity.
c. The testimony, production, or disclosure provides evidence of child abuse as defined in section 232.68, subsection 2.
98 Acts, ch 1062, §7; 2017 Acts, ch 2, §17, 26, 27
For provisions relating to applicability of 2017 amendment to collective bargaining agreements and procedures under this chapter before, on, or after February 17, 2017, see 2017 Acts, ch 2, §26, 27
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