(a) General rule.--Except as provided in subsection (b), all mediation communications and mediation documents are privileged. Disclosure of mediation communications and mediation documents may not be required or compelled through discovery or any other process. Mediation communications and mediation documents shall not be admissible as evidence in any action or proceeding, including, but not limited to, a judicial, administrative or arbitration action or proceeding.
(b) Exceptions.--
(1) A settlement document may be introduced in an action or proceeding to enforce the settlement agreement expressed in the document, unless the settlement document by its terms states that it is unenforceable or not intended to be legally binding.
(2) To the extent that the communication or conduct is relevant evidence in a criminal matter, the privilege and limitation set forth in subsection (a) does not apply to:
(i) a communication of a threat that bodily injury may be inflicted on a person;
(ii) a communication of a threat that damage may be inflicted on real or personal property under circumstances constituting a felony; or
(iii) conduct during a mediation session causing direct bodily injury to a person.
(3) The privilege and limitation set forth under subsection (a) does not apply to a fraudulent communication during mediation that is relevant evidence in an action to enforce or set aside a mediated agreement reached as a result of that fraudulent communication.
(4) Any document which otherwise exists, or existed independent of the mediation and is not otherwise covered by this section, is not subject to this privilege.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Mediation." The deliberate and knowing use of a third person by disputing parties to help them reach a resolution of their dispute. For purposes of this section, mediation commences at the time of initial contact with a mediator or mediation program.
"Mediation communication." A communication, verbal or nonverbal, oral or written, made by, between or among a party, mediator, mediation program or any other person present to further the mediation process when the communication occurs during a mediation session or outside a session when made to or by the mediator or mediation program.
"Mediation document." Written material, including copies, prepared for the purpose of, in the course of or pursuant to mediation. The term includes, but is not limited to, memoranda, notes, files, records and work product of a mediator, mediation program or party.
"Mediation program." A plan or organization through which mediators or mediation may be provided.
"Mediator." A person who performs mediation.
"Settlement document." A written agreement signed by the parties to the agreement.
(Feb. 7, 1996, P.L.7, No.3, eff. 60 days)
1996 Amendment. Act 3 added section 5949.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 59 - Depositions and Witnesses
Section 5902 - Effect of religious beliefs
Section 5903 - Compensation and expenses of witnesses
Section 5904 - Subpoena of witnesses
Section 5911 - Competency of witnesses generally
Section 5912 - Effect of prior convictions
Section 5913 - Spouses as witnesses against each other
Section 5914 - Confidential communications between spouses
Section 5915 - Testimony by spouse in rebuttal
Section 5916 - Confidential communications to attorney
Section 5917 - Notes of evidence at former trial
Section 5918 - Examination of defendant as to other offenses
Section 5919 - Depositions in criminal matters
Section 5920 - Expert testimony in certain criminal proceedings
Section 5921 - Interest not to disqualify
Section 5922 - Disqualification by perjury
Section 5923 - Confidential communications between spouses
Section 5924 - Spouses as witnesses against each other
Section 5925 - Testimony by married person against spouse in rebuttal
Section 5926 - Testimony by spouse after attack on character or conduct
Section 5927 - Actions by spouse to recover separate property
Section 5928 - Confidential communications to attorney
Section 5929 - Physicians not to disclose information
Section 5930 - Surviving party as witness, in case of death, mental incapacity, etc
Section 5931 - Incompetent witnesses
Section 5933 - Competency of surviving party
Section 5934 - Notes of evidence at former trial
Section 5935 - Examination of person adversely interested
Section 5936 - Medical testimony by deposition
Section 5941 - Persons who may be compelled to testify
Section 5942 - Confidential communications to news reporters
Section 5943 - Confidential communications to clergymen
Section 5944 - Confidential communications to psychiatrists or licensed psychologists
Section 5945 - Confidential communications to school personnel
Section 5945.1 - Confidential communications with sexual assault counselors.
Section 5945.2 - Confidential communications to crime stopper or similar anticrime program
Section 5945.3 - Confidential communications with human trafficking caseworkers
Section 5946 - Competency of certain witnesses where political subdivision is a party
Section 5947 - Immunity of witnesses
Section 5948 - Confidential communications to qualified professionals
Section 5949 - Confidential mediation communications and documents
Section 5950 - Confidential communications involving law enforcement officers
Section 5952 - Confidential communications to peer support members
Section 5961 - Short title of subchapter
Section 5963 - Summoning witness in this Commonwealth to testify in another state
Section 5964 - Witness from another state summoned to testify in this Commonwealth
Section 5965 - Exemption from arrest and service of process
Section 5971 - Short title of subchapter
Section 5973 - Scope of subchapter
Section 5974 - Summoning prisoner in this Commonwealth to testify in another state
Section 5976 - Terms and conditions
Section 5977 - Prisoner from another state summoned to testify in this Commonwealth
Section 5979 - Exemption from arrest and service of process
Section 5981 - Declaration of policy
Section 5983 - Rights and services
Section 5984 - Videotaped depositions (Repealed)
Section 5984.1 - Recorded testimony
Section 5985 - Testimony by contemporaneous alternative method
Section 5985.1 - Admissibility of certain statements
Section 5988 - Victims of sexual or physical abuse