HF 2385

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; establishing an evidentiary 
  1.3             privilege for persons who preside at alternative 
  1.4             dispute resolution; amending Minnesota Statutes 1994, 
  1.5             section 595.02, by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 595.02, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 1a.  [ALTERNATIVE DISPUTE RESOLUTION PRIVILEGE.] No 
  1.10  person presiding at any alternative dispute resolution 
  1.11  proceeding established pursuant to law, court rule, or by an 
  1.12  agreement to mediate, shall be competent to testify, in any 
  1.13  subsequent civil proceeding or administrative hearing, as to any 
  1.14  statement, conduct, decision, or ruling, occurring at or in 
  1.15  conjunction with the prior proceeding, except as to any 
  1.16  statement or conduct that could:  
  1.17     (1) constitute a crime; 
  1.18     (2) give rise to disqualification proceedings under the 
  1.19  rules of professional conduct for attorneys; or 
  1.20     (3) constitute professional misconduct.