§ 1836.Procedures - Confidentiality and Impartiality
Chapter 38A: Choice in Mediation Act · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 1836
Amendment History
Added by Laws 2002, HB 1939, c. 468, §16, eff. 11/1/2002.
Plain-English Summary
Section 1836 requires every Choice in Mediation Act program to adopt procedures for conducting mediation that ensure confidentiality of the proceedings, impartiality of the mediator, and good-faith participation by the disputing parties. A program can meet that requirement in either of two ways: by adopting the procedures already set out in Section 1824 for court-ordered mediation, or by becoming a center under the Dispute Resolution Act and following that act's procedures.
Frequently Asked Questions
Does every mediation program have to write its own confidentiality procedures?
No -- a program can adopt the procedures already set out in Section 1824, or become a Dispute Resolution Act center and follow its procedures instead.
What must the program's procedures accomplish?
Confidentiality of the proceedings, impartiality of the mediator, and good-faith participation by the disputing parties.
Is adopting these procedures optional for a Choice in Mediation Act program?
No -- the statute says every such program "shall adopt appropriate procedures" meeting these standards; it isn't optional.