reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679A - ARBITRATION › Section 679A.12 - Vacating an award.

679A.12 Vacating an award.
1. Upon application of a party, the district court shall vacate an award if any of the following apply:
a. The award was procured by corruption, fraud, or other illegal means.
b. There was evident partiality by an arbitrator appointed as a neutral, corruption in any of the arbitrators, or misconduct prejudicing the rights of a party.
c. The arbitrators exceeded their powers.
d. The arbitrators refused to postpone the hearing upon sufficient cause being shown for the postponement, refused to hear evidence material to the controversy, or conducted the hearing contrary to the provisions of section 679A.5, in a manner which prejudiced substantially the rights of a party.
e. There was no arbitration agreement, the issue was not adversely determined in proceedings under section 679A.2, and the party did not participate in the arbitration hearing without raising the objection.
f. Substantial evidence on the record as a whole does not support the award. The court shall not vacate an award on this ground if a party urging the vacation has not caused the arbitration proceedings to be reported, if the parties have agreed that a vacation shall not be made on this ground, or if the arbitration has been conducted under the auspices of the American arbitration association.
2. The fact that the relief awarded could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
3. An application under this section shall be made within ninety days after delivery of a copy of the award to the applicant. However, if the application to vacate an award is predicated upon corruption, fraud, or other illegal means, it shall be made within ninety days after those grounds are known or should have been known.
4. In vacating the award on grounds other than stated in subsection 1, paragraph “e”, the district court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence of a method in the agreement, by the district court in accordance with section 679A.3, or if the award is vacated on grounds set forth in subsection 1, paragraph “c” or “d” of this section, the district court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 679A.3. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
[C51, §2110; R60, §3617; C73, §3427; C97, §4397; C24, 27, 31, 35, 39, §12706; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §679.12; 81 Acts, ch 202, §12]
C83, §679A.12
Referred to in §679A.9, 679A.11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679A - ARBITRATION › Section 679A.13 - Modification or correction of award.

679A.13 Modification or correction of award.
1. Upon application made within ninety days after delivery of a copy of the award to the applicant, the district court shall modify or correct the award if any of the following apply:
a. There is an evident miscalculation of figures or an evident mistake in the description of a person, thing, or property referred to in the award.
b. The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted.
c. The award is imperfect in a matter of form, not affecting the merits of the controversy.
2. If the application is granted, the district court shall modify and correct the award to effect its intent and shall confirm the award as modified and corrected.
[81 Acts, ch 202, §13]
Referred to in §679A.9, 679A.11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679A - ARBITRATION › Section 679A.14 - Judgment or decree on award.

679A.14 Judgment or decree on award.
Upon the granting of an order confirming, modifying, or correcting an award, a judgment or decree shall be entered in conformity with the order enforced as any other judgment or decree. Costs of the application and the subsequent proceedings and disbursements may be awarded by the district court.
[C51, §2111, 2113; R60, §3688, 3690; C73, §3428, 3430; C97, §4398, 4400; C24, 27, 31, 35, 39, §12707, 12709; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §679.13, 679.15; 81 Acts, ch 202, §14]
C83, §679A.14
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679A - ARBITRATION › Section 679A.15 - Applications to district court.

679A.15 Applications to district court.
Except as otherwise provided, an application to the district court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of civil procedure, for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by the Iowa rules of civil procedure for the service of original notice in an action.
[81 Acts, ch 202, §15]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679A - ARBITRATION › Section 679A.16 - Venue.

679A.16 Venue.
An initial application shall be made to the district court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the district court of the county where the adverse party resides or has a place of business or, if the adverse party has no residence or place of business in this state, to the district court of any county. All subsequent applications shall be made to the district court hearing the initial application unless the district court otherwise directs.
[81 Acts, ch 202, §16]
Referred to in §679A.2
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679A - ARBITRATION › Section 679A.17 - Appeals.

679A.17 Appeals.
1. An appeal may be taken from:
a. An order denying an application to compel arbitration made under section 679A.2.
b. An order granting an application to stay arbitration made under section 679A.2, subsection 2.
c. An order confirming or denying confirmation of an award.
d. An order modifying or correcting an award.
e. An order vacating an award without directing a rehearing.
f. A judgment or decree entered pursuant to the provisions of this chapter.
2. The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
[C51, §2112; R60, §3689; C73, §3429; C97, §4399; C24, 27, 31, 35, 39, §12708; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §679.14; 81 Acts, ch 202, §17]
C83, §679A.17
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679A - ARBITRATION › Section 679A.19 - Disputes between governmental agencies.

679A.19 Disputes between governmental agencies.
Any litigation between administrative departments, commissions or boards of the state government is prohibited. All disputes between said governmental agencies shall be submitted to a board of arbitration of three members to be composed of two members to be appointed by the departments involved in the dispute and a third member to be appointed by the governor. The decision of the board shall be final.
[C62, 66, 71, 73, 75, 77, 79, 81, §679.19; 81 Acts, ch 202, §19]
C83, §679A.19
Referred to in §8B.21
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679A - ARBITRATION › Section 679A.20 - Limitations of arbitration proceedings.

679A.20 Limitations of arbitration proceedings.
If, at the time a demand for arbitration was made or notice of intention to arbitrate was served, the claim sought to be arbitrated would have been barred by limitation of time pursuant to chapter 614 had it been asserted in a court of this state, a party may assert the limitation as a bar to the arbitration on an application to the court.
2022 Acts, ch 1118, §1, 2
Section applies to all arbitration proceedings commenced on or after July 1, 2022, and any arbitration proceeding that is pending on July 1, 2022, where asserting a statute of limitation is not expressly prohibited by the rules governing the arbitration proceeding; 2022 Acts, ch 1118, §2
NEW section
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.1 - Petition for appointment.

679B.1 Petition for appointment.
When any dispute arises between any person, firm, corporation, or association of employers and their employees or association of employees, of this state, except employers or employees having trade relations directly or indirectly based upon interstate trade relations operating through or by state or international boards of conciliation, which has or is likely to cause a strike or lockout, involving ten or more wage earners, and which does or is likely to interfere with the due and ordinary course of business, or which menaces the public peace, or which jeopardizes the welfare of the community, and the parties thereto are unable to adjust the same, either or both parties to the dispute, or the mayor of the city, or the chairperson of the board of supervisors of the county in which said employment is carried on, or on petition of any twenty-five citizens thereof over the age of eighteen years, or the labor commissioner, after investigation, may make written application to the governor for the appointment of a board of arbitration and conciliation, to which board such dispute may be referred under the provisions of this chapter; and the manager of the business of any person, firm, corporation, or association of such employers, or any organization representing such employees, or if such employees are not members of any organization, then a majority of such employees affected may make the application as provided in this chapter, but in no case shall more than twenty employees be required to join in such application.
[S13, §2477-n; C24, 27, 31, 35, 39, §1496; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §90.1]
86 Acts, ch 1245, §944
C87, §679B.1
Referred to in §679B.2
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.2 - Notification by governor.

679B.2 Notification by governor.
The governor shall at once upon application made to the governor as herein provided, and upon the governor’s satisfaction that the dispute comes within the provisions of section 679B.1, notify the parties to the dispute of the application for the appointment of a board of arbitration and conciliation and make request upon each party to the dispute that each of them recommend within three days from the date of notice, the names of five persons who have no direct interest in such dispute and are willing and ready to act as members of the board, and the governor shall appoint from each list submitted one of such persons recommended.
[S13, §2477-n1; C24, 27, 31, 35, 39, §1497; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §90.2]
86 Acts, ch 1245, §944
C87, §679B.2
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.3 - Governor to appoint for parties.

679B.3 Governor to appoint for parties.
Should either of the parties fail or neglect to make any recommendation within the said period, the governor shall, as soon thereafter as possible, appoint a fit person who shall be deemed to be appointed on the recommendation of the parties in default.
[S13, §2477-n1; C24, 27, 31, 35, 39, §1498; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §90.3]
86 Acts, ch 1245, §944
C87, §679B.3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.4 - Third appointee.

679B.4 Third appointee.
The members of the board so appointed shall within five days of their appointment recommend to the governor the name of one person who is ready and willing to act as a third member of the board, and upon failure or neglect upon their part to make such recommendation within the said period, or upon the failure or refusal of the person so recommended to act, the governor shall as soon thereafter as possible appoint some person to act as the third member of the board.
[S13, §2477-n1; C24, 27, 31, 35, 39, §1499; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §90.4]
86 Acts, ch 1245, §944
C87, §679B.4
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.5 - Agreement to be bound by decision.

679B.5 Agreement to be bound by decision.
In all cases when the application is made by both parties to the dispute, they shall set forth in the application whether or not they agree to be bound by the decision of the board of arbitration and conciliation; and if both parties agree to be so bound by such decision, then the same shall be binding and enforceable as set out in section 679B.12.
[S13, §2477-n2; C24, 27, 31, 35, 39, §1500; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §90.5]
86 Acts, ch 1245, §944
C87, §679B.5
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.6 - Oath — organization.

679B.6 Oath — organization.
Each member of the board shall, before entering upon the duties of the member’s office, be sworn to a faithful and impartial discharge thereof; they shall organize at once by the choice of one of their number as chairperson, and one of their number as secretary, and shall have power to employ all necessary clerks and stenographers to properly carry out the duties of their appointment.
[S13, §2477-n3; C24, 27, 31, 35, 39, §1501; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §90.6]
86 Acts, ch 1245, §944
C87, §679B.6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.7 - Compensation and expenses.

679B.7 Compensation and expenses.
The members of the board shall be paid a per diem as specified in section 7E.6 and shall be reimbursed for actual and necessary expenses, these moneys to be payable out of the state treasury upon warrants drawn by the director of the department of administrative services.
[S13, §2477-n3; C24, 27, 31, 35, 39, §1502; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §90.7]
86 Acts, ch 1245, §944
C87, §679B.7
90 Acts, ch 1256, §55; 2003 Acts, ch 145, §286
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.8 - Evidence — witnesses.

679B.8 Evidence — witnesses.
For the purpose of this inquiry the board shall have all the powers of summoning before it and enforcing the attendance of witnesses, of administering oaths, and of requiring witnesses to give evidence, to produce books, papers, and other documents or things as the board may deem requisite to the full investigation of the matters into which it is inquiring, as are vested in the district court in civil cases.
[S13, §2477-n4; C24, 27, 31, 35, 39, §1503; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §90.8]
86 Acts, ch 1245, §944
C87, §679B.8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.9 - Oath — rule of evidence.

679B.9 Oath — rule of evidence.
Any member of the board may administer an oath, and the board may accept, admit, and call for such evidence as in equity and good conscience it thinks material and proper, whether strictly legal evidence or not.
[S13, §2477-n4; C24, 27, 31, 35, 39, §1504; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §90.9]
86 Acts, ch 1245, §944
C87, §679B.9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.10 - Subpoenas — by whom served — fees.

679B.10 Subpoenas — by whom served — fees.
A subpoena or any notice may be delivered or sent to any sheriff, constable, or any police officer who shall forthwith serve the same, and make due return thereof, according to directions. Witnesses in attendance and officers serving subpoenas or notices shall receive the same fees as are allowed in the district court, payable from the state treasury, upon the certificate of the board that such fees are due and correct. The board shall have the same power and authority to maintain and enforce order at the hearings and obedience to its writs of subpoena as is by law conferred upon the district court for like purposes.
[S13, §2477-n4; C24, 27, 31, 35, 39, §1505; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §90.10]
86 Acts, ch 1245, §944
C87, §679B.10
Referred to in §331.653
Contempts, chapter 665
Witness fees, §622.69 – 622.75
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.11 - Investigation — report filed — public inspection.

679B.11 Investigation — report filed — public inspection.
The board shall as soon as practical visit the place where the controversy exists and make careful inquiry into the cause, and the said board may, with the consent of the governor, conduct such inquiry beyond the limits of the state. The board shall hear all persons interested who come before it, advise the respective parties what ought to be done or submitted to by either or both of the parties to the dispute to adjust said controversy, and make a written decision thereof, which shall at once be made public and open to public inspection and shall be recorded by the secretary of the board, and a copy of such report shall be filed in the office of the clerk of the city in which the controversy arose and shall be open for public inspection.
[S13, §2477-n5; C24, 27, 31, 35, 39, §1506; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §90.11]
86 Acts, ch 1245, §944
C87, §679B.11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.12 - Investigation — decision.

679B.12 Investigation — decision.
The board of arbitration and conciliation shall within ten days from the date of their appointment, unless such time shall be extended by the governor, complete the investigation of any controversy submitted to them, and during the pendency of such period neither party shall engage in any strike or lockout. Any decision made by the board shall date from the date of the appointment of the board and shall be binding upon the parties who join in the application as herein provided for a period of one year.
[S13, §2477-n6; C24, 27, 31, 35, 39, §1507; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §90.12]
86 Acts, ch 1245, §944
C87, §679B.12
Referred to in §679B.5
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.13 - Decision — report to governor.

679B.13 Decision — report to governor.
Within five days after the completion of the investigation, unless the time is extended by the governor for good cause shown, the board or a majority thereof shall render a decision, stating such details as will clearly show the nature of the controversy and the point disposed of by them, and make a written report to the governor of their findings of fact and of their recommendation to each party to the controversy.
[S13, §2477-n7; C24, 27, 31, 35, 39, §1508; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §90.13]
86 Acts, ch 1245, §944
C87, §679B.13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.14 - Decision filed and published.

679B.14 Decision filed and published.
1. Every decision and report shall be filed in the office of the governor, and a copy served upon each party to the controversy, and a copy furnished to the labor commissioner for publication in the report of the commissioner, who shall cause such decision and report to be published at a rate of not to exceed thirty-three and one-third cents per ten lines of eight point type in two newspapers of general circulation in the county in which the business is located upon which the dispute arose.
2. All evidence taken and exhibits and documents offered shall be carefully preserved and at the close of the investigation shall be filed in the office of the governor of the state and shall only be subject to inspection upon the governor’s order.
[S13, §2477-n7; C24, 27, 31, 35, 39, §1509; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §90.14]
86 Acts, ch 1245, §944
C87, §679B.14
2021 Acts, ch 76, §150; 2022 Acts, ch 1021, §170
Subsection 1 amended
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.15 - Board of arbitration.

679B.15 Board of arbitration.
When any dispute arises between a city having a population of ten thousand or more, or a city under civil service of whatever population, and any city-recognized association of employees of the paid fire department of such city, and the parties are unable to adjust the dispute, either or both parties may make written application to a judge of the district court of the county in which the dispute arises for the appointment of a board of arbitration and conciliation, to which board such dispute may be referred under the provisions of this chapter.
[C62, 66, 71, 73, 75, 77, 79, 81, §90.15]
86 Acts, ch 1245, §944
C87, §679B.15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.16 - Recommendations for appointees.

679B.16 Recommendations for appointees.
The judge shall, within ten days after application is made to the judge as provided, notify the parties to the dispute of the application for the appointment of a board of arbitration and conciliation, and shall request each party to recommend within ten days from the date of receipt of notice, the name of a person who has no direct interest in the dispute and is willing and ready to act as a member of the board.
[C62, 66, 71, 73, 75, 77, 79, 81, §90.16]
86 Acts, ch 1245, §944
C87, §679B.16
Referred to in §679B.17, 679B.18
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.17 - Failure to act.

679B.17 Failure to act.
Should either of the parties fail or neglect to make any recommendation within the ten-day period, or if the person recommended fails or refuses to act, the judge shall, as soon thereafter as possible, appoint a person who meets the qualifications provided in section 679B.16. Such person shall be deemed to be appointed on the recommendation of the party in default.
[C62, 66, 71, 73, 75, 77, 79, 81, §90.17]
86 Acts, ch 1245, §944
C87, §679B.17
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.18 - Third member of board.

679B.18 Third member of board.
The parties to the dispute and the members of the board so appointed shall, within five days of the appointment, recommend to the judge the name of an additional person who is willing and ready to act as the third member of the board. The person recommended shall meet the qualifications provided in section 679B.16. If the recommendation is not made within the period, or if the person recommended refuses or fails to act, the judge shall as soon thereafter as possible appoint a qualified person to act as the third member of the board.
[C62, 66, 71, 73, 75, 77, 79, 81, §90.18]
86 Acts, ch 1245, §944
C87, §679B.18
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.19 - Organization of board.

679B.19 Organization of board.
Each member of the board shall, before entering upon the duties of the member’s office, be sworn to a faithful and impartial discharge thereof. The board shall organize at once by the choice of one of their number as chairperson, and one of their number as secretary, and shall have the power to employ all clerks and stenographers necessary to properly carry out the duties of their appointment.
[C62, 66, 71, 73, 75, 77, 79, 81, §90.19]
86 Acts, ch 1245, §944
C87, §679B.19
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.20 - Costs.

679B.20 Costs.
Each party to the dispute shall assume its own costs of the arbitration proceedings and shall share equally the costs of the third member as well as the general expenses of the board of arbitration and conciliation.
[C62, 66, 71, 73, 75, 77, 79, 81, §90.20]
86 Acts, ch 1245, §944
C87, §679B.20
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.21 - Powers of board.

679B.21 Powers of board.
For the purpose of this inquiry the board shall have all the powers vested in the district court in civil cases which the board deems necessary to a full investigation of the dispute, including but not limited to the power to summon and enforce the attendance of witnesses, to administer oaths, and to require witnesses to give evidence and produce books and papers. Any member of the board may administer oaths.
[C62, 66, 71, 73, 75, 77, 79, 81, §90.21]
86 Acts, ch 1245, §944
C87, §679B.21
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.22 - Witnesses.

679B.22 Witnesses.
A subpoena or any notice may be delivered or sent to any sheriff, or any police officer who shall forthwith serve it and make due return thereof according to direction. Every person who is summoned by an arbitration board and who duly attends as a witness, except witnesses summoned at the request of a party, shall be entitled to an allowance for expenses determined in accordance with the scale in effect at the time with respect to witnesses in the district court in civil cases, and the allowance paid shall be a part of the general expenses of the arbitration board. The board shall have the same power and authority to maintain and enforce order at the hearings and obedience to its writs of subpoena as is by law conferred upon the district court for like purposes.
[C62, 66, 71, 73, 75, 77, 79, 81, §90.22]
86 Acts, ch 1245, §944
C87, §679B.22
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.23 - Findings and report.

679B.23 Findings and report.
The board shall as soon as practical visit the place where the dispute exists and make careful inquiry into its cause. The board shall hear all interested persons who come before it and advise the respective parties concerning courses of action to adjust the dispute, and shall put in writing its findings and recommendations. A copy of such report shall be filed by the board secretary in the office of the clerk of the city in which the dispute arose and shall be open for public inspection. All hearings shall be open to the public and press.
[C62, 66, 71, 73, 75, 77, 79, 81, §90.23]
86 Acts, ch 1245, §944
C87, §679B.23
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.24 - Time limit.

679B.24 Time limit.
The board of arbitration and conciliation shall within twenty days from the date of their appointment, unless such time shall be extended by the judge, complete the investigation of any dispute submitted to them.
[C62, 66, 71, 73, 75, 77, 79, 81, §90.24]
86 Acts, ch 1245, §944
C87, §679B.24
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.25 - Decision.

679B.25 Decision.
Within five days after the completion of the investigation, unless the time is extended by the judge for good cause shown, the board or a majority thereof shall render a decision, stating such details as will clearly show the nature of the controversy and the point disposed of by them, and make a written report to the judge of their findings of fact and of their recommendation to each party to the controversy.
[C62, 66, 71, 73, 75, 77, 79, 81, §90.25]
86 Acts, ch 1245, §944
C87, §679B.25
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.26 - Filing.

679B.26 Filing.
Every decision and report shall be filed in the office of the clerk of the district court of the county in which the dispute arose, and a copy served upon each party to the controversy, and a copy furnished to the labor commissioner for publication in the report of the commissioner, who shall cause such decision and report to be published in at least one newspaper in the city in which the dispute arose. All evidence taken and exhibits and documents offered shall be carefully preserved and at the close of the investigation shall be filed in the office of the clerk of the district court.
[C62, 66, 71, 73, 75, 77, 79, 81, §90.26]
86 Acts, ch 1245, §944
C87, §679B.26
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679B - BOARDS OF ARBITRATION AND CONCILIATION › Section 679B.27 - Nature of decision.

679B.27 Nature of decision.
A decision or report shall be advisory only and shall not be binding on either party.
[C62, 66, 71, 73, 75, 77, 79, 81, §90.27]
86 Acts, ch 1245, §944
C87, §679B.27
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679C - MEDIATION › Section 679C.102 - Definitions.

679C.102 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Mediation” means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.
2. “Mediation communication” means a statement, whether oral or in a record, verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.
3. “Mediation party” means an individual who participates in a mediation and whose agreement is necessary to resolve the dispute.
4. “Mediator” means an individual who conducts a mediation.
5. “Nonparty participant” means a person, other than a mediation party or mediator, that participates in a mediation.
6. “Person” means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
7. “Proceeding” means any of the following:
a. A judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery.
b. A legislative hearing or similar process.
8. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
9. “Sign” means any of the following:
a. To execute or adopt a tangible symbol with the present intent to authenticate a record.
b. To attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.
2005 Acts, ch 68, §7
Referred to in §22.7(37)
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679C - MEDIATION › Section 679C.103 - Scope.

679C.103 Scope.
1. Except as otherwise provided for in subsections 2 and 3, this chapter applies to a mediation that occurs under any of the following circumstances:
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.
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.
c. The mediation parties use as a mediator a person who holds oneself out as a mediator or the mediation is provided by a person who holds oneself out as providing mediation.
2. This chapter shall not apply to a mediation relating to or conducted under any of the following circumstances:
a. Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship.
b. Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that this chapter applies to a mediation arising out of a dispute that has been filed with an administrative agency or court.
c. Conducted by a judge who might make a ruling on the case.
d. Conducted at any of the following:
(1) A primary or secondary school if all the parties are students.
(2) A correctional institution for youths if all the parties are residents of that institution.
3. If the mediation parties agree in advance in a signed record, or a record of proceeding reflects agreement by the mediation parties, that all or part of a mediation is not privileged, the privileges under sections 679C.104 through 679C.106 do not apply to the mediation or part agreed upon. However, sections 679C.104 through 679C.106 apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.
2005 Acts, ch 68, §8; 2006 Acts, ch 1010, §157
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679C - MEDIATION › Section 679C.104 - Privilege against disclosure — admissibility — discovery.

679C.104 Privilege against disclosure — admissibility — discovery.
1. Except as otherwise provided in section 679C.106, a mediation communication is privileged as provided in subsection 2 and is not subject to discovery or admissible in evidence in a proceeding unless the privilege is waived or precluded as provided by section 679C.105.
2. In a proceeding, the following privileges shall apply:
a. A mediation party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.
b. A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.
c. A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication 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.
2005 Acts, ch 68, §9; 2006 Acts, ch 1010, §158
Referred to in §679C.103, 679C.105, 679C.106, 679C.109
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679C - MEDIATION › Section 679C.105 - Waiver and preclusion of privilege.

679C.105 Waiver and preclusion of privilege.
1. A privilege under section 679C.104 may be waived in a record or orally during a proceeding if it is expressly waived by all mediation parties and if all of the following apply:
a. In the case of the privilege of a mediator, the privilege is expressly waived by the mediator.
b. In the case of the privilege of a nonparty participant, the privilege is expressly waived by the nonparty participant.
2. A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under section 679C.104, but only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
3. A person that intentionally uses a mediation to plan, to attempt to commit, or to commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege pursuant to section 679C.104.
2005 Acts, ch 68, §10
Referred to in §679C.103, 679C.104
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679C - MEDIATION › Section 679C.106 - Exceptions to privilege.

679C.106 Exceptions to privilege.
1. No privilege exists under section 679C.104 for a mediation communication that involves any of the following:
a. An agreement evidenced by a record signed by all mediation parties to the agreement.
b. 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.
c. A threat or statement of a plan to inflict bodily injury or commit a crime of violence.
d. 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.
e. A communication that is sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator.
f. 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.
g. 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.
2. 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:
a. A court proceeding involving a felony or misdemeanor.
b. 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.
3. 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”.
4. 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.
2005 Acts, ch 68, §11
Referred to in §679C.103, 679C.104, 679C.107
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679C - MEDIATION › Section 679C.107 - Prohibited mediator reports.

679C.107 Prohibited mediator reports.
1. Except as required in subsection 2, a mediator shall not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation.
2. A mediator may disclose any of the following:
a. Whether the mediation occurred or has terminated, whether a settlement was reached, and attendance.
b. A mediation communication as permitted under section 679C.106.
c. A mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment.
3. A communication made in violation of subsection 1 shall not be considered by a court, administrative agency, or arbitrator.
2005 Acts, ch 68, §12
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679C - MEDIATION › Section 679C.108 - Confidentiality.

679C.108 Confidentiality.
Unless subject to chapter 21 or 22, mediation communications are confidential to the extent agreed to by the parties or provided by other law or rule of this state.
2005 Acts, ch 68, §13
Referred to in §13.14, 216.15B, 654A.13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679C - MEDIATION › Section 679C.109 - Mediator’s disclosure of conflicts of interest — background.

679C.109 Mediator’s disclosure of conflicts of interest — background.
1. Before accepting a mediation, an individual who is requested to serve as a mediator shall do all of the following:
a. Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation.
b. Disclose any such known fact to the mediation parties as soon as is practicable before accepting a mediation.
2. If a mediator learns any fact described in subsection 1 after accepting a mediation, the mediator shall disclose it as soon as is practicable.
3. At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator’s qualifications to mediate a dispute.
4. A person that violates subsection 1, 2, or 7 is precluded by the violation from asserting a privilege under section 679C.104.
5. Subsections 1, 2, 3, and 7 do not apply to an individual acting as a judge.
6. This chapter does not require that a mediator have a special qualification by background or profession.
7. A mediator must be impartial, unless after disclosure of the facts required in subsections 1, 2, and 3 to be disclosed, the parties agree otherwise.
2005 Acts, ch 68, §14; 2006 Acts, ch 1030, §79
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679C - MEDIATION › Section 679C.110 - Participation in mediation.

679C.110 Participation in mediation.
An attorney or other individual designated by a mediation party may accompany the mediation party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded.
2005 Acts, ch 68, §15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679C - MEDIATION › Section 679C.111 - Relation to Electronic Signatures in Global and National Commerce Act.

679C.111 Relation to Electronic Signatures in Global and National Commerce Act.
The provisions of this chapter modify or supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., but this chapter does not modify, limit, or supersede section 101c of that Act or authorize electronic delivery of any of the notices described in section 103b of that Act.
2005 Acts, ch 68, §16
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679C - MEDIATION › Section 679C.112 - Uniformity of application and construction.

679C.112 Uniformity of application and construction.
In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law among states that enact the uniform mediation Act.
2005 Acts, ch 68, §17
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679C - MEDIATION › Section 679C.113 - Severability clause.

679C.113 Severability clause.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable.
2005 Acts, ch 68, §18
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679C - MEDIATION › Section 679C.114 - Application to existing agreements or referrals.

679C.114 Application to existing agreements or referrals.
1. This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after July 1, 2005.
2. On or after July 1, 2005, this chapter governs an agreement to mediate whenever made.
2005 Acts, ch 68, §19
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 679C - MEDIATION › Section 679C.115 - Mediator immunity.

679C.115 Mediator immunity.
A mediator or a mediation program shall not be liable for civil damages for a statement, decision, or omission made in the process of mediation unless the act or omission by the mediator or mediation program is made in bad faith, with malicious purpose, or in a manner exhibiting willful or wanton disregard of human rights, safety, or property. This section shall apply to mediation conducted before the workers’ compensation commissioner and mediation conducted pursuant to chapter 216.
2005 Acts, ch 68, §20
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 680 - RECEIVERS › Section 680.1 - Appointment.

680.1 Appointment.
On the petition of either party to a civil action or proceeding, wherein the party shows that the party has a probable right to, or interest in, any property which is the subject of the controversy, and that such property, or its rents or profits, are in danger of being lost or materially injured or impaired, and on such notice to the adverse party as the court shall prescribe, the court, if satisfied that the interests of one or both parties will be thereby promoted, and the substantial rights of neither unduly infringed, may appoint a receiver to take charge of and control such property under its direction during the pendency of the action, and may order and coerce the delivery of it to the receiver.
[C51, §1656; R60, §3216, 3419; C73, §2903, 2970; C97, §3822; C24, 27, 31, 35, 39, §12713; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.1]
Service of pleadings and orders,
R.C.P. 1.442, 1.453
Attachment of interest, chapters 639, 640
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 680 - RECEIVERS › Section 680.2 - Permissible proofs.

680.2 Permissible proofs.
Upon the hearing of the application, affidavits, and such other proof as the court or judge permits, may be introduced, and upon the whole case such order made as will be for the best interest of all parties concerned.
[C73, §2903; C97, §3822; C24, 27, 31, 35, 39, §12714; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.2]
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 680 - RECEIVERS › Section 680.3 - Oath and bond.

680.3 Oath and bond.
Before entering upon the discharge of the receiver’s duties, the receiver must be sworn faithfully to discharge the trust to the best of the receiver’s ability, and must also file with the clerk a bond with sureties, to be approved by the clerk, in a penalty to be fixed by the court, and conditioned for the faithful discharge of the receiver’s duties, and that the receiver will obey the orders of the court in respect thereto.
[C51, §1657; R60, §3420; C73, §2904; C97, §3823; C24, 27, 31, 35, 39, §12715; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.3]
Referred to in §523I.212, 602.8102(121)
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 680 - RECEIVERS › Section 680.4 - Powers.

680.4 Powers.
Subject to the control of the court, a receiver has power to bring and defend actions, to take and keep possession of property, to collect debts, to receive the rents and profits of real property, and, generally, to do such acts in respect to the property committed to the receiver as may be authorized by law or ordered by the court.
[C51, §1658; R60, §3421; C73, §2905; C97, §3824; C24, 27, 31, 35, 39, §12716; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.4]