2015 Iowa Code
TITLE XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
SUBTITLE 5 - SPECIAL ACTIONS
CHAPTER 679C - MEDIATION
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; 2006 Acts, ch 1030, §79
Disclaimer: These codes may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.