679C.103 - SCOPE.

        679C.103  SCOPE.         1.  Except as otherwise provided for in subsections 2 and 3, this      chapter applies to a mediation that occurs under any of the following      circumstances:         a.  The mediation parties are required to mediate by statute      or court or administrative agency rule or referred to mediation by a      court, administrative agency, or arbitrator.         b.  The mediation parties and the mediator agree to mediate in      a record that demonstrates an expectation that mediation      communications will be privileged against disclosure.         c.  The mediation parties use as a mediator a person who holds      oneself out as a mediator or the mediation is provided by a person      who holds oneself out as providing mediation.         2.  This chapter shall not apply to a mediation relating to or      conducted under any of the following circumstances:         a.  Relating to the establishment, negotiation,      administration, or termination of a collective bargaining      relationship.         b.  Relating to a dispute that is pending under or is part of      the processes established by a collective bargaining agreement,      except that this chapter applies to a mediation arising out of a      dispute that has been filed with an administrative agency or court.         c.  Conducted by a judge who might make a ruling on the case.         d.  Conducted at any of the following:         (1)  A primary or secondary school if all the parties are      students.         (2)  A correctional institution for youths if all the parties are      residents of that institution.         3.  If the mediation parties agree in advance in a signed record,      or a record of proceeding reflects agreement by the mediation      parties, that all or part of a mediation is not privileged, the      privileges under sections 679C.104 through 679C.106 do not apply to      the mediation or part agreed upon.  However, sections 679C.104      through 679C.106 apply to a mediation communication made by a person      that has not received actual notice of the agreement before the      communication is made.  
         Section History: Recent Form
         2005 Acts, ch 68, §8; 2006 Acts, ch 1010, §157