Appendix C - Confidentiality of ProceedingsA. Any information received by a mediator or a person employed to assist a mediator, through files, reports, interviews, memoranda, case summaries, or notes and work products of the mediator, is privileged and confidential.B. No part of the proceeding shall be considered a matter of public record.C. No mediator, initiating party, or responding party in a mediation proceeding shall be subject to administrative or judicial process requiring disclosure of any matters discussed or shall disclose any information obtained during any part of the mediation proceedings.D. Each mediation session shall be informal. No adjudication sanction or penalty may be made or imposed by the mediator or the program.E. No mediator, employee, or agent of a mediator shall be liable for civil damages for any statement or decision made in the process of mediating or settling a dispute unless the action of such person was a result of gross negligence with malicious purpose or in a manner exhibiting willful disregard of the rights, safety, or property of any party to the mediation.F. If a party who has participated in mediation brings an action for damages against a mediator arising out of mediation, for purposes of that action the privilege provided for in subsection A of this section shall be deemed to be waived as to the party bringing the action.Rule 10. RULES OF CONDUCT FOR OUTSIDE PARTIES
A. All persons attending a mediation session shall respect and maintain the total confidentiality of the session.B. When one party in a mediation session requests an assisting party, the following rules must be outlined and agreed to by the assisting party prior to initiating the mediation session: 1. An assisting party may advise only his/her client. The assisting party shall speak only with the mediator or his/her client and cannot interrogate the opposing party during the mediation session.2. The party without an assisting person present must consent to allowing the other person's assisting party in the mediation session, or be given an opportunity to secure his/her own assisting party to be present during the mediation session.3. If a party who is without an assisting party refuses to participate in mediation due to the presence of another's assisting party, no mediation session will be conducted. If a party requests a non-assisting friend or relative to attend the session, attendance shall be allowed only if agreed upon in advance by the other party and is not in violation with program policy. The person may then be in the room but in no way may interrupt, or interfere with proceedings. Such a person shall not be heard nor allowed to display distracting behavior.
D. If the mediating parties agree, a neutral third party may serve as a resource person for the mediator and the parties. Such a person shall participate only on request and must remain impartial.E. Mediation sessions shall not be filmed, taped, or otherwise recorded.I acknowledge that I have read and understand O.S. Title 12, § 1805, and Rule 10, "Rules of Conduct for Outside Parties Attending Mediation Hearing.
Signed ___________________________________________ | Dated _______________________ |
Okla. Stat. tit. 12, app C
Adopted 4/8/1986; Revised 4/20/1989.