Iowa Code 679C.109 – Mediator’s disclosure of conflicts of interest — background
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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
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
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 § 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
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 § 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