679C.106 - EXCEPTIONS TO PRIVILEGE.

        679C.106  EXCEPTIONS TO PRIVILEGE.         1.  No privilege exists under section 679C.104 for a mediation      communication that involves any of the following:         a.  An agreement evidenced by a record signed by all mediation      parties to the agreement.         b.  A communication that is available to the public under      chapter 22 or made during a session of a mediation which is open, or      is required by law to be open, to the public.         c.  A threat or statement of a plan to inflict bodily injury      or commit a crime of violence.         d.  A plan to commit or attempt to commit a crime, the      commission of a crime, or activity to conceal an ongoing crime or      ongoing criminal activity.         e.  A communication that is sought or offered to prove or      disprove a claim or complaint of professional misconduct or      malpractice filed against a mediator.         f.  Except as otherwise provided in subsection 3, a      communication that is sought or offered to prove or disprove a claim      or complaint of professional misconduct or malpractice filed against      a mediation party, nonparty participant, or representative of a      mediation party based on conduct occurring during a mediation.         g.  A communication that is sought or offered to prove or      disprove abuse, neglect, abandonment, or exploitation in a proceeding      in which a child or adult protective services agency is a party,      unless the child or adult protection case is referred by a court to      mediation and a public agency participates.         2.  There is no privilege under section 679C.104 if a court,      administrative agency, or arbitrator finds, after a hearing in      camera, that the party seeking discovery or the proponent of the      evidence has shown that the evidence is not otherwise available, that      there is a need for the evidence that substantially outweighs the      interest in protecting confidentiality, and that the mediation      communication is sought or offered in any of the following      situations:         a.  A court proceeding involving a felony or misdemeanor.         b.  Except as otherwise provided in subsection 3, a proceeding      to prove a claim to rescind or reform a contract or a defense to      avoid liability on a contract arising out of the mediation.         3.  A mediator shall not be compelled to provide evidence of a      mediation communication referred to in subsection 1, paragraph      "f", or subsection 2, paragraph "b".         4.  If a mediation communication is not privileged under      subsection 1 or 2, only the portion of the communication necessary      for the application of the exception from nondisclosure may be      admitted.  Admission of evidence under subsection 1 or 2 does not      render the evidence, or any other mediation communication,      discoverable or admissible for any other purpose.  
         Section History: Recent Form
         2005 Acts, ch 68, §11         Referred to in § 679C.103, 679C.104, 679C.107