(a) Except as permitted in subsection (b) of this section, a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, arbitrator, or other authority that may make a ruling on the dispute that is the subject of the mediation.
(b) A mediator may disclose:
(1) Whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;
(2) A mediation communication as permitted under § 16-4205; or
(3) A mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment.
(c) A communication made in violation of subsection (a) of this section may not be considered by a court, administrative agency, arbitrator, or other authority that may make a ruling on the dispute that is the subject of the mediation.
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Uniform Law: This section is based upon § 7 of the Uniform Mediation Act.
Structure District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]
Chapter 42 - Mediation; Uniform Act
§ 16–4203. Privilege against disclosure; admissibility; discovery
§ 16–4204. Waiver and preclusion of privilege
§ 16–4205. Exceptions to privilege
§ 16–4206. Prohibited mediator reports
§ 16–4208. Mediator’s disclosure of conflicts of interest; background
§ 16–4209. Participation in mediation
§ 16–4210. International commercial mediation
§ 16–4211. Relation to Electronic Signatures in Global and National Commerce Act