Mediation Confidentiality Sample Clauses

Mediation Confidentiality. The parties shall maintain the mediation proceedings in confidence and shall not disclose to third persons the statements made therein by the other parties or the mediator. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any arbitra- tion, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given. No writing prepared for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation, is ad- missible or subject to discovery, and disclosure of the writing shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given. All communications, negotiations, or settlement discussions by and between partici- pants in the course of a mediation or a mediation consultation shall remain confidential. Evidence otherwise admissible or subject to discovery outside of a mediation or a mediation consultation shall not be or become inadmissible or protected from disclosure solely by reason of its introduction or use in a mediation or a mediation consultation.

Mediation Confidentiality. It is understood between the parties and the mediator that the mediation will be strictly confidential. Mediation confidentiality is governed by ORS 36.220 and ORS 36.222. A copy of these statutes is located on the mediator’s website. Mediation confidentiality has several aspects. First, mediation discussions are private and may not be discussed with anyone outside the mediation except your attorney (or another privileged relationship as defined by statute). Second, any draft resolutions, any meeting minutes, any correspondence and any unsigned mediated agreements are strictly confidential and shall not be admissible in any court proceeding. Only a mediated agreement signed by all parties may be so admissible. An exception to this rule is that this Agreement to Mediate is not confidential. The parties further agree to not call the mediator to testify concerning the mediation or to provide any materials from the mediation in any court proceeding between the parties. The mediation is considered by the parties and the mediator to be inadmissible settlement negotiations. All parties understand and agree that the mediator may have private caucus meetings and discussions with any individual party. These meetings and discussions shall be confidential between the mediator and the caucusing party unless the mediator obtains permission to share some aspect of the discussion. The mediator has certain statutorily or judicially required reporting obligations, such as reporting a reasonable belief that child abuse has taken place or to speak up to protect one party from another if substantial physical harm is a concern.

Mediation Confidentiality. In order to promote communication between and among the parties and their respective counsel, advisors, and insurers, the undersigned agree that the provisions of California Evidence Code Sections 703.5, 1115 through 1128 and 1152, and all comparable Federal Rules of Evidence, shall apply to this mediation. The parties further agree that:  All written and oral communications made by any party, attorney, neutral or other participant in the course of, or pursuant to, the mediation or consultation about the mediation shall be held in strictest confidence and may not be used for any purpose in any pending or future proceeding unless all parties, including the Mediator, so agree.  All statements made and all writings prepared or exchanged during the mediation process are done so in connection with settlement negotiations, and are inadmissible and non-discoverable for any purpose in any proceedings outside the mediation, including but not limited to proceedings conducted before a judicial, arbitration or administrative law tribunal.  All statements made and materials prepared during the mediation process shall be considered a settlement negotiation for the purpose of all state and federal rules protecting disclosures made during such conferences from later discovery or use in evidence.  The parties acknowledge and agree that the Mediator is not competent to testify in any civil proceeding concerning anything communicated, exchanged, said, done or occurring in the course of the mediation, and that the notes, working papers and file maintained by the mediator belong solely to the Mediator and are strictly confidential. In this regard, the parties acknowledge and agree that they have no right, title or interest in the notes, working papers or files maintained by the Mediator and that they do not have any right to review, inspect or copy such documents. The parties agree that they will not subpoena or otherwise require the mediator to testify or produce her notes, working papers or files in any proceeding.  If during the course of the mediation the parties disclose sensitive, private, confidential and / or proprietary information, they hereby agree that all such information was exchanged in reliance on this agreement of confidentiality with the expectation, intent and understanding that it shall be considered a settlement negotiation for the purpose of all state and federal rules.  Disclosure of information during the course of the mediation that otherwise is ...

Mediation Confidentiality. 16.5.1. Any information or documents disclosed by a Disputant under this clause: 16.5.1.1. Must be kept confidential; and 16.5.1.2. May not be used except to attempt to resolve the