[§658H-9]  Mediator’s disclosure of conflicts of interest; background.  (a)  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 mediation party or foreseeable mediation party or nonparty participant in the mediation; and

     (2)  Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.

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

     (c)  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.

     (d)  A person who violates subsection (a) or (b) is precluded by the violation from asserting a privilege under § 658H-4.

     (e)  Subsections (a), (b), and (c) do not apply to an individual acting as a judge.

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