679C.1 Definitions.

As used in this chapter, unless the context suggests otherwise:

1. "Mediation" means a process in which an impartial person facilitates the resolution of a dispute by promoting voluntary agreement of the parties to the dispute. In a mediation, the decision-making authority rests with the parties. A mediation commences at the time of initial contact with a mediator or mediation program and includes all contacts between the mediator or a mediation program and any party until such time as a resolution is reached by the parties or the mediation process concludes.

2. "Mediation communication" means any communication or behavior in connection with a mediation by or between any party, mediator, mediation program, or any other person present during a mediation.

3. "Mediation document" means any written material, including copies of written material, prepared for the purpose of or in the course of, or pursuant to, a mediation, including, but not limited to, memoranda, notes, files, records, and work product of a mediator, mediation program, or party, except that a "mediation document" shall not include either of the following:

a. An agreement by the parties which specifies that the mediation documents may be disclosed or enforced.

b. Summary records of a mediation program necessary to evaluate or monitor the performance of the program.

4. "Mediation program" means a plan or organization through which mediators and mediations may be provided.

5. "Mediator" means an impartial person who facilitates the resolution of a dispute between parties in the mediation process.

6. "Party" means a mediation participant other than the mediator and may be a person, public officer, corporation, association, or other organization or entity, either public or private.

679C.2 Confidentiality.

If a mediation is conducted pursuant to a court order, a court-connected mediation program, a written agreement between the parties, or a provision of law, all mediation communications and mediation documents are privileged and confidential and not subject to disclosure in any judicial or administrative proceeding except under any of the following circumstances:

1. When all parties to a mediation agree, in writing, to disclosure.

2. When a written agreement by the parties to mediate permits disclosure.

3. When disclosure is required by statute.

4. When a mediation communication or mediation document provides evidence of an ongoing or future criminal activity.

5. When a mediation communication or mediation document provides evidence of child abuse as defined in section 232.68, subsection 2.

6. When a mediation communication or mediation document is relevant to the legal claims of a party against a mediator or mediation program arising out of a breach of the legal obligations of the mediator or mediation program.

7. When a mediation communication or mediation document is relevant to determining the existence of an agreement that resulted from the mediation or is relevant to the enforcement of such an agreement.

679C.3 Mediator privilege.

If a mediation is conducted pursuant to a court order, a court-connected mediation program, a written agreement between the parties, or a provision of law, a mediator or a representative of a mediation program shall not testify about a mediation communication or mediation document in any judicial or administrative proceeding except under any of the following circumstances:

1. When all parties and the mediator agree, in writing, to disclosure.

2. When disclosure is required by statute.

3. When a mediation communication or mediation document provides evidence of an ongoing or future criminal activity.

4. When a mediation communication or mediation document provides evidence of child abuse as defined in section 232.68, subsection 2.

5. When a mediation communication or mediation document is relevant to the legal claims of a party against a mediator or mediation program arising out of a breach of the legal obligations of the mediator or mediation program.

6. Provided all parties agree to disclosure, when a mediation communication or mediation document is relevant to determining the existence of an agreement that resulted from the mediation or is relevant to the enforcement of such an agreement.

679C.4 Mediator immunity.

A mediator or a mediation program shall not be liable for civil damages for a statement, decision, or omission made in the process of mediation unless the act or omission by the mediator or mediation program is made in bad faith, with malicious purpose, or in a manner exhibiting willful or wanton disregard of human rights, safety, or property. This section shall apply to mediation conducted before the workers' compensation commissioner and mediation conducted pursuant to chapter 216.

679C.5 Exclusions.

Mediation conducted pursuant to sections 20.20 and 20.31 shall not be subject to this chapter. Except as provided in section 679C.4, mediation conducted before the workers' compensation commissioner shall not be subject to this chapter. Except as provided in section 679C.4 and except for mediation conducted pursuant to section 216.15B, mediation conducted pursuant to chapter 216 shall not be subject to this chapter.