9-17-8. Review of mediator’s conflict of interest; required disclosures by mediator; exclusion; special qualifications not required.

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

1. (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. (2)

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

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

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.#

A person that violates subsection (a) or (b) of this Code section is precluded by the violation from asserting a privilege under Code Section 9-17-3.#

Subsection (a), (b), or (c) of this Code section shall not apply to an individual acting as a judge.#

This chapter shall not require that a mediator have a special qualification by background or profession.#