{"data":{"id":"us-ia/iowa-code-679c.106","jurisdiction":"us-ia","citation":"Iowa Code § 679C.106","heading":"Exceptions to privilege.","body":"1. No privilege exists under section 679C.104 for a mediation communication that involves any of the following:\na. An agreement evidenced by a record signed by all mediation parties to the agreement.\nb. A communication that is available to the public under chapter 22 or made during a session of a mediation which is open, or is required by law to be open, to the public.\nc. A threat or statement of a plan to inflict bodily injury or commit a crime of violence.\nd. A plan to commit or attempt to commit a crime, the commission of a crime, or activity to conceal an ongoing crime or ongoing criminal activity.\ne. A communication that is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator.\nf. Except as otherwise provided in subsection 3, a communication that is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a mediation party based on conduct occurring during a mediation.\ng. A communication that is sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the child or adult protection case is referred by a court to mediation and a public agency participates.\n2. There is no privilege under section 679C.104 if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and that the mediation communication is sought or offered in any of the following situations:\na. A court proceeding involving a felony or misdemeanor.\nb. Except as otherwise provided in subsection 3, a proceeding to prove a claim to rescind or reform a contract or a defense to avoid liability on a contract arising out of the mediation.\n3. A mediator shall not be compelled to provide evidence of a mediation communication referred to in subsection 1, paragraph “f”, or subsection 2, paragraph “b”.\n4. If a mediation communication is not privileged under subsection 1 or 2, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection 1 or 2 does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.","path":["Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)","Chapter 679C - MEDIATION"],"source_url":"https://www.legis.iowa.gov/docs/code/2026/679C.106.pdf","current_through":"Iowa Code 2026 edition","vintage":"","retrieved_at":"2026-09-14T19:40:17Z","sha256":"84df2b865d4d513df3512b5526ef17ed7f5902983db45164b4c7a039827d03c9","source_id":"us-ia","stale":false,"prev":"us-ia/iowa-code-679c.105","next":"us-ia/iowa-code-679c.107"},"notice":"GroundRules: Original legal text. Not legal advice."}