TITLE 9

EVIDENCE

CHAPTER 8

UNIFORM MEDIATION ACT

9-809.  Mediator’s disclosure of conflicts of interest — Background. (1) Before accepting a mediation, an individual who is requested to serve as a mediator shall:

(a)  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 or create the appearance of affecting 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 participant in the mediation; and

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

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

(3)  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.

(4)  A person that violates subsection (1) or (2) of this section is precluded by the violation from asserting a privilege under section 9-804, Idaho Code.

(5)  Subsections (1), (2) and (3) of this section do not apply to an individual acting as a judge.

(6)  This chapter does not require that a mediator have a special qualification by background or profession.

(7)  A mediator must be impartial unless, after disclosure of the facts required in subsections (1) and (2) of this section to be disclosed, the parties agree otherwise.

History:

[9-809, added 2008, ch. 35, sec. 1, p. 70.]