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The DC Code: § 16-4202 Scope.

Index16 Particular Actions, Proceedings and Matters. (Refs & Annos)
a
Except as otherwise provided in subsection (b) or (c) of this section, this chapter applies to a mediation in which:
1
The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator;
2
The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or
3
The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by a person that holds itself out as providing mediation.
b
The chapter does not apply to a mediation:
1
Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;
2
Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that the chapter applies to a mediation arising out of a dispute that has been filed with an administrative agency or court;
3
Conducted by a judge who might make a ruling on the case; or
4
Conducted under the auspices of:
A
A primary or secondary school, if all the mediation parties are students;
B
A correctional institution for youths, if all the mediation parties are residents of that institution; or
C
The Office of the Attorney General for the District of Columbia or the Mayor, if the mediation arises from a consumer complaint under authority of Chapter 39 of Title 28 of the District of Columbia Official Code, and one of the mediation parties is the consumer complainant.
c
If the mediation parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under §§ 16-4203 through 16- 4205 shall not apply to the mediation or part agreed upon; provided, that §§ 16-4203 through 16-4205 shall apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.

Historical and Statutory

Legislative History of Laws For Law 16-87, see notes following § 16-4201. Uniform Law This section is based upon § 3 of the Uniform Mediation Act. See 7A, Pt. II, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw. DC CODE § 16-4202 Current through December 11, 2012

Credits

(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)