679C.104 Privilege against disclosure — admissibility — discovery.
1. Except as otherwise provided in section 679C.106, a mediation communication is privileged as provided in subsection 2 and is not subject to discovery or admissible in evidence in a proceeding unless the privilege is waived or precluded as provided by section 679C.105.
2. In a proceeding, the following privileges shall apply:
a. A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.
b. A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.
c. A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.
3. Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.
2005 Acts, ch 68, §9; 2006 Acts, ch 1010, §158
Referred to in §679C.103, 679C.105, 679C.106, 679C.109
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Section 679C.101 - Short title.
Section 679C.102 - Definitions.
Section 679C.104 - Privilege against disclosure — admissibility — discovery.
Section 679C.105 - Waiver and preclusion of privilege.
Section 679C.106 - Exceptions to privilege.
Section 679C.107 - Prohibited mediator reports.
Section 679C.108 - Confidentiality.
Section 679C.109 - Mediator’s disclosure of conflicts of interest — background.
Section 679C.110 - Participation in mediation.
Section 679C.111 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 679C.112 - Uniformity of application and construction.
Section 679C.113 - Severability clause.
Section 679C.114 - Application to existing agreements or referrals.