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SENATE FLOOR VERSION
February 8, 2022
SENATE BILL NO. 1271 By: Floyd
An Act relating to the Dispute Resolution Act;
amending 12 O.S. 2021, Section 1805, whi ch relates to
confidentiality of proceedings; clarifying
information not subject to disclosure; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021 , Section 1805, is
amended to read as follows:
Section 1805. A. Any information rece ived by a mediator or a
person employed to assist a mediator, through files, reports,
interviews, memoranda, case summaries, or notes a nd work products of
the mediator, is privileged and confidential.
B. No part of the proceeding shall be considered a mat ter of
public record.
C. No mediator, initiating party, or responding party in a
mediation proceeding shall be subject to administrati ve or judicial
process requiring di sclosure of any matters discussed or shall
disclose any information obtained during an y part of the mediation
proceedings including, but not limited to, mediation sc heduling,
attendance, participation or discussion of any proposed settlement
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agreement, items agreed upon or disputed, or the intent of the
parties.
D. Each mediation session s hall be informal. No adjudication
sanction or penalty may be made or imposed by the mediator or the
program.
E. No mediator, employee, or agent of a mediator shall be h eld
liable for civil damages for any statement or decision made in the
process of mediating or settling a dispute unless the action of such
person was a result of gross negligence with malicious purpose or in
a manner exhibiting willful disregard of the ri ghts, safety, or
property of any party to the mediation.
F. If a party who has partic ipated in mediation brings an
action for damages against a mediator ar ising out of mediation, for
purposes of that action the privilege provided for in subsection A
of this section shall be deemed to be waived as to the party
bringing the action.
SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 8, 2022 - DO PASS