District of Columbia § 16-4208 Mediator’s disclosure of conflicts of interest; background.

District of Columbia Statutes

§ 16-4208 — Mediator’s disclosure of conflicts of interest; background.

District of Columbia·Title 16 Particular Actions, Proceedings and Matters. [Enacted title]·Ch. 42 Mediation; Uniform Act.

(a)Before accepting a mediation, an individual who is requested to serve as a mediator shall:

(1)Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and

(2)Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.

(b)If a mediator learns any fact described in subsection (a)(1) of this section after accepting a mediation, the mediator shall disclose it as soon as is practicable.

(c)At the request of a medi

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(a) Before accepting a mediation, an individual who is requested to serve as a mediator shall:

(1) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and

(2) Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.

(b) If a mediator learns any fact described in subsection (a)(1) of this section after accepting a mediation, the mediator shall disclose it as soon as is practicable.

(c) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator’s qualifications to mediate a dispute.

(d) A person that violates subsection (a), (b), or (g) of this section is precluded by the violation from asserting a privilege under § 16-4203 .

(e) Subsections (a), (b), (c), and (g) of this section do not apply to an individual acting as a judge or administrative law judge.

(f) This chapter does not require that a mediator have a special qualification by background or profession.

(g) A mediator must be impartial, unless after disclosure of the facts required in subsections (a) and (b) of this section to be disclosed, the parties agree otherwise.

District of Columbia § 16-4208 (Mediator’s disclosure of conflicts of interest; background.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.