All conversations and materials produced during the mediation sessions are confidential in
accordance with W.S. 1-43-101 thru W.S. 1-43-104. Statements made by an opposing party in
the mediation may not be used by the other party in subsequent legal proceedings. The parties
shall not disclose any information discussed in mediation. The parties will not subpoena or
otherwise require the mediator to testify or produce records or notes in any further proceeding.
CHAPTER 43 - MEDIATION
1-43-101.� Definitions.
(a)� As used in this act:
(i)� "Communication" means any item of information disclosed during the mediation process through files, reports, interviews, discussions, memoranda, case summaries, notes, work products of the mediator, or any other item of information disclosed during the mediation, whether oral or written;
(ii)� "Mediation" means a process in which an impartial third person facilitates communication between two (2) or more parties in conflict to promote reconciliation, settlement, compromise or understanding;
(iii)� "Mediator" means an impartial third person not involved in the conflict, dispute or situation who engages in mediation;
(iv)� "Party to the mediation" means a person who is involved in the conflict, dispute or situation and is rendered mediation services by a mediator or consults a mediator with a view to obtaining mediation services;
(v)� "Representative of the mediator" means a person employed by the mediator to assist in the rendition of mediation services;
(vi)� "Representative of the party" means a person having authority to obtain mediation services on behalf of the party to the mediation or to act on advice rendered by the mediator;
(vii)� "This act" means W.S. 1-43-101 through 1-43-104.
1-43-102.� General rule of confidentiality.
Any communication is confidential if not intended to be disclosed to third persons other than those to whom disclosure is in furtherance of the mediation process or those reasonably necessary for the transmission of the communication.
1-43-103.� General rule of privilege; claiming privilege; exception.
(a)� A party to the mediation has a privilege to refuse to disclose and to prevent all mediation participants from disclosing confidential communications.
(b)� The privilege under this section may be claimed by a representative of the party or by a party, his guardian or conservator, the personal representative of a deceased party, or the successor, trustee or similar representative of a corporation, association, or other organization, whether or not in existence. The person who was the mediator may claim the privilege but only on behalf of the party. The mediator's authority to do so is presumed in the absence of evidence to the contrary.
(c)� There is no privilege under this section if any one (1) of the following conditions is met:
(i)� All the parties involved provide written consent to disclose;
(ii)� The communication involves the contemplation of a future crime or harmful act;
(iii)� The communication indicates that a minor child has been or is the suspected victim of child abuse as defined by local statute;
(iv)� The communication was otherwise discoverable prior to the mediation;
(v)� One of the parties seeks judicial enforcement of the mediated agreement.
1-43-104.� Immunity.
Mediators are immune from civil liability for any good faith act or omission within the scope of the performance of their power and duties.
