RCW 7.07.020
Scope.
(1) Except as otherwise provided in subsection (2) or (3) of this section, this chapter applies to a mediation in which:
(a) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator;
(b) The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or
(c) The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by a person that holds itself out as providing mediation.
(2) This chapter does not apply to a mediation:
(a) Conducted by a judge who might make a ruling on the case; or
(b) Conducted under the auspices of:
(i) A primary or secondary school if all the parties are students; or
(ii) A correctional institution for youths if all the parties are residents of that institution.
(3) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under RCW 7.07.030 through 7.07.050 do not apply to the mediation or part agreed upon. However, RCW 7.07.030 through 7.07.050 apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.
[ 2005 c 172 § 3.]
Structure Revised Code of Washington
Title 7 - Special Proceedings and Actions
Chapter 7.07 - Uniform Mediation Act.
7.07.030 - Privilege against disclosure—Admissibility—Discovery.
7.07.040 - Waiver and preclusion of privilege.
7.07.050 - Exceptions to privilege.
7.07.060 - Prohibited mediator reports.
7.07.080 - Mediator's disclosure of conflicts of interest—Background.
7.07.090 - Participation in mediation.
7.07.100 - Relation to electronic signatures in global and national commerce act.
7.07.110 - Uniformity of application and construction.
7.07.900 - Short title—2005 c 172.