Chapter 43 - Mediation - Wyoming Statutes

CHAPTER 43 - MEDIATION

 

1-43-101. Definitions.

 

(a) As used in this act:

 

(i) "Communication" means any item of informationdisclosed during the mediation process through files, reports, interviews,discussions, memoranda, case summaries, notes, work products of the mediator,or any other item of information disclosed during the mediation, whether oralor written;

 

(ii) "Mediation" means a process in which an impartialthird person facilitates communication between two (2) or more parties inconflict to promote reconciliation, settlement, compromise or understanding;

 

(iii) "Mediator" means an impartial third person notinvolved in the conflict, dispute or situation who engages in mediation;

 

(iv) "Party to the mediation" means a person who isinvolved in the conflict, dispute or situation and is rendered mediationservices by a mediator or consults a mediator with a view to obtainingmediation services;

 

(v) "Representative of the mediator" means a personemployed by the mediator to assist in the rendition of mediation services;

 

(vi) "Representative of the party" means a personhaving authority to obtain mediation services on behalf of the party to themediation or to act on advice rendered by the mediator;

 

(vii) "This act" means W.S. 1-43-101 through 1-43-104.

 

1-43-102. General rule of confidentiality.

 

Anycommunication is confidential if not intended to be disclosed to third personsother than those to whom disclosure is in furtherance of the mediation processor those reasonably necessary for the transmission of the communication.

 

1-43-103. General rule of privilege; claiming privilege; exception.

 

(a) A party to the mediation has a privilege to refuse todisclose and to prevent all mediation participants from disclosing confidentialcommunications.

 

(b) The privilege under this section may be claimed by arepresentative of the party or by a party, his guardian or conservator, the personalrepresentative of a deceased party, or the successor, trustee or similarrepresentative of a corporation, association, or other organization, whether ornot in existence. The person who was the mediator may claim the privilege butonly on behalf of the party. The mediator's authority to do so is presumed inthe absence of evidence to the contrary.

 

(c) There is no privilege under this section if any one (1) ofthe following conditions is met:

 

(i) All the parties involved provide written consent todisclose;

 

(ii) The communication involves the contemplation of a futurecrime or harmful act;

 

(iii) The communication indicates that a minor child has been oris the suspected victim of child abuse as defined by local statute;

 

(iv) The communication was otherwise discoverable prior to themediation;

 

(v) One of the parties seeks judicial enforcement of themediated agreement.

 

1-43-104. Immunity.

 

Mediatorsare immune from civil liability for any good faith act or omission within thescope of the performance of their power and duties.