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ENGROSSED SENATE
BILL NO. 1271 By: Floyd of the Senate
and
Stinson of the House
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 received 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 c onsidered a matter 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 obt ained during any 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 shall 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 th e 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 participated 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.
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Passed the Senate the 14th day of February, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives