Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

The judge shall, within ten days after application is made to the judge as provided, notify the parties to the dispute of the application for the appointment of a board of arbitration and conciliation, and shall request each party to recommend within ten days from the date of rec…

Should either of the parties fail or neglect to make any recommendation within the ten-day period, or if the person recommended fails or refuses to act, the judge shall, as soon thereafter as possible, appoint a person who meets the qualifications provided in section 679B.16 . Su…

The parties to the dispute and the members of the board so appointed shall, within five days of the appointment, recommend to the judge the name of an additional person who is willing and ready to act as the third member of the board. The person recommended shall meet the qualifi…

Each member of the board shall, before entering upon the duties of the member’s office, be sworn to a faithful and impartial discharge thereof. The board shall organize at once by the choice of one of their number as chairperson, and one of their number as secretary, and shall ha…

The governor shall at once upon application made to the governor as herein provided, and upon the governor’s satisfaction that the dispute comes within the provisions of section 679B.1 , notify the parties to the dispute of the application for the appointment of a board of arbitr…

Each party to the dispute shall assume its own costs of the arbitration proceedings and shall share equally the costs of the third member as well as the general expenses of the board of arbitration and conciliation. [C62, 66, 71, 73, 75, 77, 79, 81, §90.20 ] 86 Acts, ch 1245, §94…

For the purpose of this inquiry the board shall have all the powers vested in the district court in civil cases which the board deems necessary to a full investigation of the dispute, including but not limited to the power to summon and enforce the attendance of witnesses, to adm…

A subpoena or any notice may be delivered or sent to any sheriff, or any police officer who shall forthwith serve it and make due return thereof according to direction. Every person who is summoned by an arbitration board and who duly attends as a witness, except witnesses summon…

The board shall as soon as practical visit the place where the dispute exists and make careful inquiry into its cause. The board shall hear all interested persons who come before it and advise the respective parties concerning courses of action to adjust the dispute, and shall pu…

The board of arbitration and conciliation shall within twenty days from the date of their appointment, unless such time shall be extended by the judge, complete the investigation of any dispute submitted to them. [C62, 66, 71, 73, 75, 77, 79, 81, §90.24 ] 86 Acts, ch 1245, §944 C…

Within five days after the completion of the investigation, unless the time is extended by the judge for good cause shown, the board or a majority thereof shall render a decision, stating such details as will clearly show the nature of the controversy and the point disposed of by…

Every decision and report shall be filed in the office of the clerk of the district court of the county in which the dispute arose, and a copy served upon each party to the controversy, and a copy furnished to the labor commissioner for publication in the report of the commission…

A decision or report shall be advisory only and shall not be binding on either party. [C62, 66, 71, 73, 75, 77, 79, 81, §90.27 ] 86 Acts, ch 1245, §944 C87, §679B.27

Should either of the parties fail or neglect to make any recommendation within the said period, the governor shall, as soon thereafter as possible, appoint a fit person who shall be deemed to be appointed on the recommendation of the parties in default. [S13, §2477-n1; C24, 27, 3…

The members of the board so appointed shall within five days of their appointment recommend to the governor the name of one person who is ready and willing to act as a third member of the board, and upon failure or neglect upon their part to make such recommendation within the sa…

In all cases when the application is made by both parties to the dispute, they shall set forth in the application whether or not they agree to be bound by the decision of the board of arbitration and conciliation; and if both parties agree to be so bound by such decision, then th…

Each member of the board shall, before entering upon the duties of the member’s office, be sworn to a faithful and impartial discharge thereof; they shall organize at once by the choice of one of their number as chairperson, and one of their number as secretary, and shall have po…

The members of the board shall be paid a per diem as specified in section 7E.6 and shall be reimbursed for actual and necessary expenses, these moneys to be payable out of the state treasury upon warrants drawn by the director of the department of administrative services. [S13, §…

For the purpose of this inquiry the board shall have all the powers of summoning before it and enforcing the attendance of witnesses, of administering oaths, and of requiring witnesses to give evidence, to produce books, papers, and other documents or things as the board may deem…

Any member of the board may administer an oath, and the board may accept, admit, and call for such evidence as in equity and good conscience it thinks material and proper, whether strictly legal evidence or not. [S13, §2477-n4; C24, 27, 31, 35, 39, § 1504; C46, 50, 54, 58, 62, 66…

This chapter shall be known as the “Uniform Mediation Act” . 2005 Acts, ch 68, §6

As used in this chapter , unless the context otherwise requires: 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” mea…

1. Except as otherwise provided for in subsections 2 and 3 , this chapter applies to a mediation that occurs under any of the following circumstances: a. The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a …

1. Except as otherwise provided in section 679C.106 , a mediation communication is privileged as provided in subsection 2 and is not subject to discovery or admissible in evidence in a proceeding unless the privilege is waived or precluded as provided by section 679C.105 . 2. In …

1. A privilege under section 679C.104 may be waived in a record or orally during a proceeding if it is expressly waived by all mediation parties and if all of the following apply: a. In the case of the privilege of a mediator, the privilege is expressly waived by the mediator. b.…

1. No privilege exists under section 679C.104 for a mediation communication that involves any of the following: a. An agreement evidenced by a record signed by all mediation parties to the agreement. b. A communication that is available to the public under chapter 22 or made duri…

1. Except as required in subsection 2 , a mediator shall not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subjec…

Unless subject to chapter 21 or 22 , mediation communications are confidential to the extent agreed to by the parties or provided by other law or rule of this state. 2005 Acts, ch 68, §13 Referred to in §13.14 , 216.15B , 654A.13

1. Before accepting a mediation, an individual who is requested to serve as a mediator shall do all of the following: a. 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…

An attorney or other individual designated by a mediation party may accompany the mediation party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded. 2005 Acts, ch 68, §15

The provisions of this chapter modify or supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., but this chapter does not modify, limit, or supersede section 101c of that Act or authorize electronic delivery of any of the notices…

In applying and construing this chapter , consideration should be given to the need to promote uniformity of the law among states that enact the uniform mediation Act. 2005 Acts, ch 68, §17

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the…

1. This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after July 1, 2005. 2. On or after July 1, 2005, this chapter governs an agreement to mediate whenever made. 2005 Acts, ch 68, §19

A mediator or a mediation program shall not be liable for civil damages for a statement, decision, or omission made in the process of mediation unless the act or omission by the mediator or mediation program is made in bad faith, with malicious purpose, or in a manner exhibiting …

On the petition of either party to a civil action or proceeding, wherein the party shows that the party has a probable right to, or interest in, any property which is the subject of the controversy, and that such property, or its rents or profits, are in danger of being lost or m…

The court having direction or control of a receiver may, on its own motion, or on motion of the receiver, require any person suspected of having taken wrongful possession of any of the effects of any person, corporation, or partnership for which said receiver has been appointed, …

If, on being served with the order of the court requiring the person to do so, any person fails to appear in accordance therewith, or if, having appeared, the person refuses to answer any questions which the court thinks proper to be put to the person in the course of such examin…

Upon the hearing of the application, affidavits, and such other proof as the court or judge permits, may be introduced, and upon the whole case such order made as will be for the best interest of all parties concerned. [C73, §2903; C97, §3822; C24, 27, 31, 35, 39, § 12714; C46, 5…

Before entering upon the discharge of the receiver’s duties, the receiver must be sworn faithfully to discharge the trust to the best of the receiver’s ability, and must also file with the clerk a bond with sureties, to be approved by the clerk, in a penalty to be fixed by the co…

Subject to the control of the court, a receiver has power to bring and defend actions, to take and keep possession of property, to collect debts, to receive the rents and profits of real property, and, generally, to do such acts in respect to the property committed to the receive…

Persons having liens upon the property placed in the hands of a receiver shall, if there is a contest as to their priority, submit them to the court for determination. [C97, §3825; S13, §3825; C24, 27, 31, 35, 39, § 12717; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.5 ]…

When the assets of any corporation, partnership, or person shall be placed in the hands of a receiver, all taxes against said corporation, partnership, or person, whether levied under the laws of the state or ordinances of municipal corporations, shall be entitled to priority and…

When the property of any person, partnership, company, or corporation has been placed in the hands of a receiver for distribution, after the payment of all costs the following claims shall be entitled to priority of payment in the order named: 1. Taxes or other debts entitled to …

The provisions of section 680.7 shall not apply to the receivership of state banks, as defined in section 524.105 , trust companies, or private banks. In addition, in the receivership of such state banks and trust companies, or private banks, no preference or priority shall be al…

The provisions of section 680.8 are declaratory of the intent of the legislature and of its interpretation of the provisions of section 680.7 . [C27, 31, 35, §12719-a2; C39, § 12719.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.9 ]