Iowa Code 679C.109 – Mediator’s disclosure of conflicts of interest — background
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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.
Terms Used In Iowa Code 679C.109
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Mediation: means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. See Iowa Code 679C.102
- Mediation party: means an individual who participates in a mediation and whose agreement is necessary to resolve the dispute. See Iowa Code 679C.102
- Mediator: means an individual who conducts a mediation. See Iowa Code 679C.102
- Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See Iowa Code 679C.102
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.