Title 16 — Particular Actions, Proceedings and Matters. [Enacted title]

For the purposes of this chapter, the term: (1) “Mediation” means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. (2) “Mediation communication” means a statement, whe…

(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,…

(a) Except as otherwise provided in § 16-4205, a mediation communication is privileged as provided in subsection (b) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by § 16-4204. (b) In a proceeding,…

(a) A privilege under § 16-4203 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (1) In the case of the privilege of a mediator, it is expressly waived by the mediator; and (2) In the case of the privilege of a…

(a) There is no privilege under § 16-4203 for a mediation communication that is: (1) In an agreement evidenced by a record signed by all parties to the agreement; (2) Available to the public under § 1-207.42, or made during a session of a mediation which is open, or is required b…

(a) Except as permitted in subsection (b) of this section, a mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, arbitrator, or other authority that may make a ruling on t…

Unless subject to § 1-207.42, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of the District of Columbia.

(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 determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiali…

(a) An attorney or other individual designated by a mediation party may accompany the party to and participate in a mediation. (b) A waiver of participation given before the mediation may be rescinded.

(a) For the purposes of this section, the term: (1) “International commercial mediation” means an international commercial conciliation as defined in Article 1 of the Model Law. (2) “Model Law” means the Model Law on International Commercial Conciliation adopted by the United Nat…

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), but this chapter does not modify, limit, or supersede section 101(c) of that act [15 U.S.C. § 7001…

In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

On or after January 1, 2007, this chapter governs a mediation pursuant to a referral or an agreement to mediate, whenever made.