(1) A statement made by any party, representative or other participant in the course of mediation conducted pursuant to RCW
51.52.095, whether verbal or written, is privileged as provided in subsection (2) of this section and is not subject to discovery or admissible in evidence in a proceeding unless waived or reduced to writing and made part of a settlement agreement.
(2) In a proceeding, the following privileges apply:
(a) A mediation party may refuse to disclose and may prevent any other person from disclosing a statement;
(b) A mediator may refuse to disclose and may prevent any other person from disclosing a statement of the mediator; and
(c) A nonparty participant may refuse to disclose and may prevent any other person from disclosing a statement of the nonparty participant.
(3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation unless otherwise privileged by section 2 (a)-(c) above.
(4) Mediation conferences are confidential and nonparties may be excluded from the proceedings.
[Statutory Authority: RCW 51.52.020. 08-01-081, § 263-12-092, filed 12/17/07, effective 1/17/08.]