[§658H-9] Mediator's disclosure of conflicts of interest; background.

221 words·~1 min read·/hi/658h-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Before accepting a mediation, an individual who is requested to serve as a mediator shall:

(1)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 mediation party or nonparty participant in the mediation; and

(2)Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.

(b)If a mediator learns any fact described in subsection (a)(1) after accepting a mediation, the mediator shall disclose it as soon as is practicable.

(c)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.

(d)A person who violates subsection

(a)or

(b)is precluded by the violation from asserting a privilege under section 658H-4.

(e)Subsections (a), (b), and

(c)do not apply to an individual acting as a judge.

(f)This chapter does not require that a mediator have a special qualification by background or profession. [L 2013, c 284, pt of §1]