Brief⁽¹⁾

H.B. 2150 amends the alternate dispute resolution statutes to clarify that the mediator has the privilege not to disclose communications made during mediation proceedings, to permit the mediator to establish a defense when accused of an ethical violation, and to lift the confidentiality requirement when such an accusation is made.

The House Committee struck a proposed change in regard to mediation ordered under the dispute resolution act (Chapter 5) and the rules of evidence covering mediation (Chapter 60) that would have made a fifth exception to confidentiality to cover reports to the court of threats of physical violence made by a party during the proceeding. This report of threats of physical violence exception currently exists under Chapter 23 dealing with domestic dispute mediation.

The Senate Committee deleted the House Committee amendment, thus adding the threats of physical violence exception to confidentiality back in Chapter 5 and Chapter 60 mediation provisions.

Background

The bill was supported by the dispute resolution coordinator with the Office of Judicial Administration and the administrative judge from the 30^th Judicial District from Kingman.

The bill has no fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.