§ 13-22-307 — Confidentiality

(1) Dispute resolution meetings may be closed
at the discretion of the mediator.

(2) Any party or the mediator or mediation organization in a mediation service
proceeding or a dispute resolution proceeding shall not voluntarily disclose or
through discovery or compulsory process be required to disclose any information
concerning any mediation communication or any communication provided in
confidence to the mediator or a mediation organization, unless and to the extent
that:

(a) All parties to the dispute resolution proceeding and the mediator consent
in writing; or

(b) The mediation communication reveals the intent to commit a felony,
inflict bodily harm, or threaten the safety of a child under the age of eighteen years;
or

(c) The mediation communication is required by statute to be made public; or

(d) Disclosure of the mediation communication is necessary and relevant to
an action alleging willful or wanton misconduct of the mediator or mediation
organization.

(3) Any mediation communication that is disclosed in violation of this section
shall not be admitted into evidence in any judicial or administrative proceeding.

(4) Nothing in this section shall prevent the discovery or admissibility of any
evidence that is otherwise discoverable, merely because the evidence was
presented in the course of a mediation service proceeding or dispute resolution
proceeding.

(5) Nothing in this section shall prevent the gathering of information for
research or educational purposes, or for the purpose of evaluating or monitoring
the performance of a mediator, mediation organization, mediation service, or
dispute resolution program, so long as the parties or the specific circumstances of
the parties' controversy are not identified or identifiable.

Legislative History

Source: L. 83: Entire part added, p. 625, � 1, effective July 1. L. 91: Entire section amended, p. 370, � 4, effective July 1.