RULE 8. CONFIDENTIALITY

1. Privacy of Sessions:   Mediation sessions shall be private.



2. Caucus:   Caucus sessions with the mediator are confidential and shall not be disclosed to the other party or their counsel unless the mediator is authorized to do so.



3. Confidentiality:   Except as otherwise provided by law, all written and verbal communications made in a mediation session conducted pursuant to these rules are confidential and may not be disclosed by the mediator or any other participant or observer of the mediation. Prior to the commencement of mediation, all participants in the mediation shall sign the confidentiality agreement prescribed by these rules. (See Appendix B).



1. Limitation of Disclosure:   Admissions, representations, statements and other communications made, or disclosed in confidence by any participant in the course of mediation session shall not be admissible as evidence in any court proceeding. Except as identified herein, a mediator may not be called as a witness in any proceeding by any party or by the court to testify regarding matters disclosed in a mediation session, nor may a party be compelled to testify regarding matters disclosed during a mediation session as to privileged communications. These restrictions shall not prohibit any person from obtaining the same information independent of the mediation, or from discovery conducted pursuant to law or court rule.



2. Exceptions:   Admissions, representations, statements and other communications are not confidential if:
1. all parties consent in writing to the disclosure; or
2. the communication reveals either an act of violence committed against another during mediation, or an intent to commit an act that may result in bodily harm to another; or
3. the communication is probative evidence of dissipation, fraud or other financial misconduct.