CERTIFICATION OF ENROLLMENT

 

                        SENATE BILL 5147

 

 

                   Chapter 321, Laws of 1991

 

 

                        52nd Legislature

                      1991 Regular Session

 

 

               MEDIATION-‑PRIVILEGED INFORMATION

 

 

                    EFFECTIVE DATE:  5/21/91

 

 


Passed by the Senate April 27, 1991

  Yeas 40   Nays 0

 

 

           JOEL PRITCHARD          

President of the Senate

 

Passed by the House April 27, 1991

  Yeas 95   Nays 0

 

 

              JOE KING             

Speaker of the

       House of Representatives

 

 

Approved May 21, 1991

 

 

 

 

 

 

 

           BOOTH GARDNER           

Governor of the State of Washington


       CERTIFICATE

 

I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5147 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

           GORDON A. GOLOB            Secretary

 

 

 

                                     FILED         

 

 

 

                 May 21, 1991 - 10:35 a.m.

 

 

 

                        Secretary of State   

                       State of Washington  



 


                  _______________________________________________

 

                                 SENATE BILL 5147

 

                    AS RECOMMENDED BY THE CONFERENCE COMMITTEE

                  _______________________________________________

 

                     Passed Legislature - 1991 Regular Session

 

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senators Nelson, A. Smith and Newhouse.

 

Read first time January 22, 1991.  Referred to Committee on Law & Justice.Protecting alternative dispute resolution processes and mediators and arbitrators from legal action.


     AN ACT Relating to mediator privilege, confidentiality, and admissibility of evidence arising from mediation; adding new sections to chapter 5.60 RCW; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     NEW SECTION.  Sec. 1.  A new section is added to chapter 5.60 RCW to read as follows:

     (1) If there is a court order to mediate or a written agreement between the parties to mediate, then any communication made or materials submitted in, or in connection with, the mediation proceeding, whether made or submitted to or by the mediator, a mediation organization, a party, or any person present, are privileged and confidential and are not subject to disclosure in any judicial or administrative proceeding except:

     (a) When all parties to the mediation agree, in writing, to disclosure;

     (b) When the written materials or tangible evidence are otherwise subject to discovery, and were not prepared specifically for use in and actually used in the mediation proceeding;

     (c) When a written agreement to mediate permits disclosure;

     (d) When disclosure is mandated by statute;

     (e) When the written materials consist of a written settlement agreement or other agreement signed by the parties resulting from a mediation proceeding;

     (f) When those communications or written materials pertain solely to administrative matters incidental to the mediation proceeding, including the agreement to mediate; or

     (g) In a subsequent action between the mediator and a party to the mediation arising out of the mediation.

     (2) When there is a court order or written agreement to mediate as described in subsection (1) of this section, the mediator or a representative of a mediation organization shall not testify in any judicial or administrative proceeding unless:

     (a) All parties to the mediation and the mediator agree in writing; or

     (b) In an action described in subsection (1)(g) of this section.

 

     NEW SECTION.  Sec. 2.      Notwithstanding the provisions of section 1 of this act, when any party participates in mediation conducted by a state or federal agency under the provisions of a collective bargaining law or similar statute, the agency's rules govern questions of privilege and confidentiality.

 

     NEW SECTION.  Sec. 3.      If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

 

     NEW SECTION.  Sec. 4.      This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.


     Passed the Senate April 27, 1991.

     Passed the House April 27, 1991.

Approved by the Governor May 21, 1991.

     Filed in Office of Secretary of State May 21, 1991.