Article 94p. 94

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

proceeding

and

it

is

necessary

for

the

person

prejudiced

to

respond

to

the

representation

of

disclosure.

SEC. 11. Exceptions to Privilege . -

(a)

There

is

no

privilege against disclosure under

Section 9 if mediation communication is:

(1)

in

an

agreement

evidenced

by

a

record

authenticated by all parties to the agreement;

(2) available to the public or that is made during a

session of a mediation which is open, or is required by

law to be open, to the public;

(3) a threat or statement of a plan to inflict bodily injury

or commit a crime of violence;

(4) internationally used to plan a crime, attempt to

commit, or commit a crime, or conceal an ongoing

crime or criminal activity;

(5)

sought

or offered to prove or disprove abuse,

neglect, abandonment, or exploitation in a proceeding

in which a public agency is protecting the interest of an

individual protected by law; but this exception does not

apply where a child protection matter is referred to

mediation by a court or a public agency participates in

the child protection mediation;

(6) sought or offered to prove or disprove a claim or

complaint of professional misconduct or malpractice

filed against mediator in a proceeding; or

(7) sought or offered to prove or disprove a claim of

complaint of professional misconduct of malpractice

filed

against

a

party,

nonparty

participant,

or

representative of a party based on conduct occurring

during a mediation.

(b) There is no privilege under Section 9 if a court or

administrative agency, finds, after a hearing in camera,

that the party seeking discovery of the proponent of

the evidence has shown that the evidence is not

otherwise

available,

that

there

is

a

need

for the

evidence that substantially outweighs the interest in

protecting

confidentiality,

and

the

mediation

communication is sought or offered in:

(1) a court proceeding involving a crime or felony; or

(2) a proceeding to prove a claim or defense that under

the law is sufficient to reform or avoid a liability on a

contract arising out of the mediation.

(c) A mediator may not be compelled to provide

evidence of a mediation communication or testify in

such proceeding.

(d) If a mediation communication is not privileged

under an exception in subsection (a) or (b), only the

portion

of

the

communication

necessary

for

the

application of the exception for nondisclosure may be

admitted. The admission of particular evidence for the

limited purpose of an exception does not render that

evidence,

or

any

other

mediation

communication,

admissible for any other purpose.

SEC. 12. Prohibited Mediator Reports . - A mediator

may

not

make

a

report,

assessment,

evaluation,

recommendation,

finding,

or other communication

regarding a mediation to a court or agency or other

authority that make a ruling on a dispute that is the

subject of a mediation, except:

(a) Where the mediation occurred or has terminated, or

where a settlement was reached.

(b) As permitted to be disclosed under Section 13 of this

Chapter.

SEC.

13.

Mediator's

Disclosure

and

Conflict

of

Interest .

- The mediation shall be guided by the

following operative principles:

(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 determinate 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 any existing or past

relationship with a party or foreseeable participant in

the mediation; and

(2) disclosure to the mediation parties any such fact

known

or

learned

as

soon

as

is

practical

before

accepting a mediation.

(b) If a mediation learns any fact described in paragraph

(a) (1) of this section after accepting a mediation, the

mediator shall disclose it as soon as practicable.

At the request of a mediation party, an individual who is

requested to serve as mediator shall disclose his/her

qualifications to mediate a dispute.

This Act does not require that a mediator shall have

special

qualifications

by

background

or profession

unless the special qualifications of a mediator are

required

in

the

mediation

agreement

or

by

the

mediation parties.

SEC.

14.

Participation

in

Mediation .

-

Except as

otherwise provided in this Act, a party may designate a

lawyer or any other person to provide assistance in the

mediation. A lawyer of this right shall be made in

writing by the party waiving it. A waiver of participation

or legal representation may be rescinded at any time.

SEC. 15. Place of Mediation . - The parties are free to

agree

on

the

place

of

mediation.

Failing

such

agreement, the place of mediation shall be any place

convenient and appropriate to all parties.

SEC. 16. Effect of Agreement to Submit Dispute to

Mediation Under Institutional Rules . - An agreement

to submit a dispute to mediation by any institution shall

include an agreement to be bound by the internal

mediation

and

administrative

policies

of

such

institution. Further, an agreement to submit a dispute

to mediation under international mediation rule shall

be deemed to include an agreement to have such rules

govern

the mediation of the dispute and for the

mediator, the parties, their respective counsel, and

nonparty participants to abide by such rules.

In case of conflict between the institutional mediation

rules and the provisions of this Act, the latter shall

prevail.

SEC.

17.

Enforcement

of

Mediated

Settlement

Agreement . - The mediation shall be guided by the

following operative principles:

(a)

A

settlement

agreement

following

successful

mediation shall be prepared by the parties with the

assistance of their respective counsel, if any, and by the

mediator.

The parties and their respective counsels shall endeavor

to make the terms and condition thereof complete and

make

adequate

provisions

for

the

contingency of

breach

to

avoid

conflicting

interpretations

of

the

agreement.

(b) The parties and their respective counsels, if any, shall

sign the settlement agreement. The mediator shall

certify

that

he/she

explained

the

contents of the

settlement agreement to the parties in a language

known to them.

(c) If the parties so desire, they may deposit such

settlement agreement with the appropriate Clerk of a

Regional Trial Court of the place where one of the

parties resides. Where there is a need to enforce the

settlement agreement, a petition may be filed by any of

the parties with the same court, in which case, the

court shall proceed summarily to hear the petition, in

accordance with such rules of procedure as may be

promulgated by the Supreme Court.

(d) The parties may agree in the settlement agreement

that the mediator shall become a sole arbitrator for the

dispute and shall treat the settlement agreement as an

arbitral award which shall be subject to enforcement

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