Summary of Major Legislation
19
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Summary
of Major
Legislation
Civil Law
Summary of Major Legislation
20
Senate Bill 160
Relating to mediation.
SB 160 revises laws governing confidentiality of com-
munications made in mediation proceedings. The mea-
sure specifies that mediation communications are gen-
erally confidential and may not be disclosed to any other
person. The measure authorizes disclosure if: (1) the
parties to mediation agree; (2) the communications were
not made solely for use in mediation; and (3) the com-
munications are not confidential pursuant to state poli-
cies (communications relating to abuse of vulnerable
persons when made to someone who has a duty to re-
port such abuse and communications which the media-
tor or a party believes must be disclosed to prevent a
party from committing a crime which is likely to result
in serious injury or death.) The measure specifies that
mediation communications in disputes involving a pub-
lic body as a party, other than a state agency, are gener-
ally confidential unless the body has adopted rules pro-
viding for disclosure. SB 160 provides that communi-
cations in mediations involving two or more public
bodies and a private person as parties are not confiden-
tial if laws, rules or policies of any of the public bodies
provide that the communications are not confidential.
The measure specifies that mediation agreements in-
volving a public body, other than a state agency, and a
workplace interpersonal dispute are confidential unless
the public body adopts a policy providing for disclo-
sure. It further specifies that any term of an agreement
requiring expenditure of public funds, other than ex-
penditures of $1,000 or less for employee training or
purchases of equipment which remains property of the
public body, may not be made confidential. Under the
measure, communications and agreements in media-
tions involving only public bodies as parties are not
confidential except to the extent they are exempt from
discl