Mediator’s disclosure of conflicts of interest; background.

Before accepting a mediation, an individual who is requested to serve as a mediator shall: 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 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 subsection (a)(1) of this 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), (b), or (g) of this section is precluded by the violation from asserting a privilege under § 16-4203. Subsections (a), (b), (c), and (g) of this section do not apply to an individual acting as a judge or administrative law judge. This chapter does not require that a mediator have a special qualification by background or profession. 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.