§ 5718. Mediator report; disclosure; background

(a) A mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, agency, or other authority that may make a ruling on the dispute that is the subject of the mediation, but a mediator may disclose:

(1) whether the case is not appropriate for mediation, whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;

(2) a mediation communication as permitted under section 5717 of this title; or

(3) a mediation communication evidencing abuse, neglect, abandonment, or exploitation of a child or vulnerable adult to a public agency responsible for protecting such individuals against such mistreatment.

(b) A communication made in violation of subsection (a) of this section may not be considered by a court or other tribunal.

(c) Subsections (d), (e), (f), and (g) of this section do not apply to an individual acting as a judge.

(d) Before accepting a mediation, an individual who is requested to serve as a mediator shall:

(1) 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 party or foreseeable participant in the mediation; and

(2) disclose as soon as is practicable before accepting a mediation any such fact known.

(e) If a mediator learns any fact described in subdivision (d)(1) of this section after accepting a mediation, the mediator shall disclose as soon as is practicable.

(f) A mediator shall be impartial, unless, after disclosure of the facts required in subsections (d) and (e) of this section, the parties agree otherwise.

(g) A person who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute if requested to do so by a party.

(h) A person who violates subsection (d), (e), or (f) of this section is precluded from asserting a privilege under section 5715 of this title.

(i) Unless otherwise required by law, no special qualification by background or profession is necessary to be a mediator under this chapter. (Added 2005, No. 126 (Adj. Sess.), § 1.)