How does Washington State's Uniform Mediation Act protect confidentiality?

Washington adopted the Uniform Mediation Act (UMA) as RCW 7.07.010 et seq., effective 2005. The UMA provides a comprehensive confidentiality framework: mediation communications are privileged and not subject to disclosure in judicial or administrative proceedings. The privilege is held by the parties, the mediator, and any nonparty participants. The UMA provides several exceptions to confidentiality: a written agreement to waive the privilege signed by all privilege holders; communications that are otherwise admissible or discoverable outside of mediation; communications that evidence abuse or neglect of a child or adult; communications that constitute a crime or are used to commit a crime; communications that are relevant to a claim or complaint against the mediator; and communications in a proceeding to enforce or rescind a mediated settlement agreement. Washington's UMA also provides that a mediator may not be compelled to testify about mediation communications in any proceeding. The UMA's comprehensive framework provides greater certainty than states that rely on common law or contractual confidentiality. Practitioners in Washington should be aware that the UMA's confidentiality protections apply to 'mediation communications' — a defined term that includes oral statements, written materials, and conduct — but not to documents that were prepared independently of the mediation.