78B-10-109. Mediator's disclosure of conflicts of interest -- Background.
(1) 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 known fact to the mediation parties as soon as practical before accepting a mediation.
(2) If a mediator learns any fact described in Subsectionafter accepting a mediation, the mediator shall disclose it as soon as practicable. (1)(a)
(3) 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.
(4) Subsections,,, anddo not apply to an individual acting as a judge or ombudsman. (1) (2) (3) (6)
(5) This chapter does not require that a mediator have a special qualification by background or profession.
(6) A mediator must be impartial, unless after disclosure of the facts required in Subsectionsandto be disclosed, the parties agree otherwise. (1) (2)