PRIVILEGED STATEMENTS AND DISCLOSURES. Each participant’s sole purpose in conducting and participating in this mediation is to settle and resolve the dispute, in whole or in part. As such, any statements or admissions made during the course of the mediation, or documents prepared or disclosed in anticipation of the mediation, shall not be admissible in evidence or used for impeachment or other purposes whatsoever in any later legal, administrative or other proceeding. However, evidence that is admissible or subject to discovery independent of the mediation shall not be excluded from discovery or admission into evidence, or otherwise considered confidential or privileged, simply as a result of it having been used in connection with the mediation process. If an impasse is declared, settlement offers and final positions of the parties may not be disclosed in any judicial proceedings, including a conciliation before a trial court judge, magistrate or special master, unless consented to by all parties to the dispute. Evidence that the parties have entered into a written settlement agreement during the course of the mediation may be disclosed and is admissible to the extent necessary to enforce the settlement.
PRIVILEGED STATEMENTS AND DISCLOSURES. Each participant’s sole purpose in conducting and participating in this mediation is to settle and resolve the dispute, in whole or in part. As such, any statements or admissions made during the course of the mediation, or documents prepared or disclosed in anticipation of the mediation, shall not be admissible in evidence or used for impeachment or other purposes whatsoever in any later legal, administrative or other proceeding. However, evidence that is admissible or subject to discovery independent of the mediation shall not be excluded from discovery or admission into evidence or otherwise considered confidential or privileged, simply as a result of it having been used in connection with the mediation process. If an impasse is declared, settlement offers and final positions of the parties may not be disclosed in any judicial proceedings, including a conciliation before a trial court judge, magistrate or special master, unless consented to by all parties to the dispute. Evidence that the parties have entered into a written settlement agreement during the course of the mediation may be disclosed and is admissible to the extent necessary to enforce the settlement. PRIVILEGE SURVIVES DISCLOSURE: The privileged character of any information is not altered by disclosure to the mediator. Disclosure of any records, reports, or other documents received or prepared for or by the mediator cannot be compelled. The mediator shall not be subpoenaed or otherwise compelled to testify in any later proceedings, including, but not limited to civil, criminal, and administrative proceedings, and shall not be required to produce any notes or documents, as to any aspect of the dispute that was the subject of the mediation proceedings. If so called or subpoenaed, the mediator may refuse to testify or produce the requested notes or documents. Should any party attempt to compel such testimony or production, such party shall be liable for, and shall indemnify the mediator against any and all liabilities, costs or expenses, including reasonable attorney’s fees, which the mediator may incur in resisting such compulsion. Further if the mediator is forced or required to appear as a result of your actions, you will promptly upon demand reimburse the mediator for time and expenses, at the mediators then prevailing hourly billable rate. The mediator may require an advance payment form you commensurate with the perceived charges and expensed. All the provisions of Florida Statutes, Chapt...
