7.07.080 - Mediator's disclosure of conflicts of interest--Background. - Washington Statutes

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 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 RCW 7.07.030.

     (5) Subsections (1) through (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.

[2005 c 172 § 9.]