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20-31
20.31 MEDIATOR PRIVILEGE.
1. As used in this section, unless the context otherwise
requires:
a. "Mediation" means a process in which an impartial person
attempts to facilitate the resolution of a dispute by promoting
voluntary agreement of the parties to the dispute. Mediation shall
be deemed to commence upon the mediator's receipt of notice of
assignment and shall be deemed to conclude when the dispute is
resolved.
b. "Mediator" means a member or employee of the board or any
other person appointed or requested by the board to assist parties in
resolving disputes involving collective bargaining impasses,
contested cases, other agency cases, or contract grievances.
2. A mediator shall not be required to testify in any judicial,
administrative, or grievance proceeding regarding any matters
occurring in the course of a mediation, including any verbal or
written communication or behavior, other than facts relating
exclusively to the timing or scheduling of mediation. A mediator
shall not be required to produce or disclose any documents, including
notes, memoranda, or other work product, relating to mediation, other
than documents relating exclusively to the timing or scheduling of
mediation. This subsection shall not apply in any of the following
circumstances:
a. The testimony, production, or disclosure is required by
statute.
b. The testimony, production, or disclosure provides evidence
of an ongoing or future criminal activity.
c. The testimony, production, or disclosure provides evidence
of child abuse as defined in section 232.68, subsection 2. Section History: Recent Form
98 Acts, ch 1062, §7
