7.07.020 - Scope. - Washington Statutes

Scope.

(1) Except as otherwise provided in subsection (2) or (3) of this section, this chapter applies to a mediation in which:

     (a) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator;

     (b) The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or

     (c) The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by a person that holds itself out as providing mediation.

     (2) This chapter does not apply to a mediation:

     (a) Conducted by a judge who might make a ruling on the case; or

     (b) Conducted under the auspices of:

     (i) A primary or secondary school if all the parties are students; or

     (ii) A correctional institution for youths if all the parties are residents of that institution.

     (3) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under RCW 7.07.030 through 7.07.050 do not apply to the mediation or part agreed upon. However, RCW 7.07.030 through 7.07.050 apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.

[2005 c 172 § 3.]