1. (1) Except as otherwise provided in subsection (2) or (3) of this section, this chapter applies to a mediation in which:

   1. (a) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator;
   2. (b) The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or
   3. (c) The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or the mediation is provided by a person that holds itself out as providing mediation.

2. (2) This chapter does not apply to a mediation:

   1. (a) Conducted by a judge who might make a ruling on the case; or

   2. (b) Conducted under the auspices of:

      1. (i) A primary or secondary school if all the parties are students; or
      2. (ii) A correctional institution for youths if all the parties are residents of that institution.
3. (3) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under RCW 7.07.030 through 7.07.050 do not apply to the mediation or part agreed upon. However, RCW 7.07.030 through 7.07.050 apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.

[ 2005 c 172 s 3.]