(1) All memoranda, work products and other materials contained in the case files of a mediator or mediation service are confidential. Any communication made in, or in connection with, the mediation which relates to the controversy being mediated, whether made to the mediator or a party, or to any other person if made at a mediation session, is confidential. However, a mediated agreement shall not be confidential unless the parties otherwise agree in writing.
(2) Confidential materials and communications are not subject to disclosure in any judicial or administrative proceeding except:
(a) When all parties to the mediation agree, in writing, to waive the confidentiality;
(b) In a subsequent action between the mediator and a party to the mediation for damages arising out of the mediation; or
(c) Statements, memoranda, materials and other tangible evidence, otherwise subject to discovery, that were not prepared specifically for use in and actually used in the mediation.
(3) Notwithstanding subsection (2) of this section, a mediator may not be compelled to testify in any proceeding, unless all parties to the mediation and the mediator agree, in writing, to waive the confidentiality. [1989 c.967 §8]
Note: See note under 36.250.Section: Previous 36.245 36.250 36.252 36.254 36.256 36.258 36.260 36.262 36.264 36.266 36.268 36.270 36.300 36.305 36.310 Next
Last modified: August 7, 2008