Wyo. Stat. § 1-43-103

General rule of privilege; claiming privilege;

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exception.

     (a) A party to the mediation has a privilege to refuse to
disclose and to prevent all mediation participants from
disclosing confidential communications.

     (b) The privilege under this section may be claimed by a
representative of the party or by a party, his guardian or
conservator, the personal representative of a deceased party, or
the successor, trustee or similar representative of a
corporation, association, or other organization, whether or not
in existence. The person who was the mediator may claim the
privilege but only on behalf of the party. The mediator's
authority to do so is presumed in the absence of evidence to the
contrary.

     (c) There is no privilege under this section if any one
(1) of the following conditions is met:

          (i)    All the parties involved provide written consent
to disclose;

          (ii) The communication involves the contemplation of
a future crime or harmful act;
          (iii) The communication indicates that a minor child
has been or is the suspected victim of child abuse as defined by
local statute;

          (iv) The communication was otherwise discoverable
prior to the mediation;

          (v) One of the parties seeks judicial enforcement of
the mediated agreement.

Notes of Decisions

Cited in 5 cases, 2006–2019 · leading case: Kluver v. PPL Montana, LLC

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Kluver v. PPL Montana, LLC (2012) mont · cites it 2× “¶60 Here, although we conclude that the District Court erred by admitting evidence protected under the mediation confidentiality statute, we hold that such error was harmless.”

Larson v. Larson (2017) ca10 · cites it 2× “See Wyo. Stat. Ann. § 1-43-103 (stating that while a party normally “has a privilege to refuse to disclose and to prevent all mediation participants from disclosing confidential communications,” no privilege exists if “[o]ne of the parties seeks judicial enforcement of the…”

Fair v. Bakhtiari (2006) cal “222(4) [disclosure permitted "to the extent necessary to prosecute or defend" enforcement action]; Wyo. Stat. § 1-43-103(c)(v).) The federal Administrative Dispute Resolution Act of 1996 authorizes disclosure if it is "relevant to determining the existence or meaning of an…”

Homeland Insurance Company of New York v. Powell Hospital District No 1 (2019) wyd · cites it 4× “Mediation Privilege While Wyoming recognizes a mediation privilege (W.S. § 1-43-103), Homeland is actually asserting that there has been a waiver of statutory privileges as a result of disclosure during a mediation.”

Interstate Fire & Cas. Co. v. Apartment Mgmt. Consultants LLC (2018) wyd · cites it 2× “In view of the disposition previously stated, the Court need not address the issue, except to point to Wyo. Stat. § 1-43-103(a). This statute provides: (a) A party to the mediation has a privilege to refuse to disclose and to prevent all mediation participants from disclosing…”

— Wyo. Stat. § 1-43-103(a) — 2 cases

Interstate Fire & Cas. Co. v. Apartment Mgmt. Consultants LLC (2018) wyd “In view of the disposition previously stated, the Court need not address the issue, except to point to Wyo. Stat. § 1-43-103(a). This statute provides: (a) A party to the mediation has a privilege to refuse to disclose and to prevent all mediation participants from disclosing…”

Homeland Insurance Company of New York v. Powell Hospital District No 1 (2019) wyd “Mediation Privilege While Wyoming recognizes a mediation privilege (W.S. § 1-43-103), Homeland is actually asserting that there has been a waiver of statutory privileges as a result of disclosure during a mediation.”

— Wyo. Stat. § 1-43-103(c)(v) — 1 case

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