CONFIDENTIALITY

Rule No: 
9047-1
 
(a) Written and Oral Communications. All written and oral communications made in connection with or during any Mediation Conference, including the Mediation Statement referred to in Local Bankruptcy Rule 9045-1(d), shall be subject to all the protections afforded by Fed. R. Evid. 408 and by Fed. R. Civ. P. 68(b). The Mediator may ask the parties to sign a confidentiality agreement. Any confidentiality agreement shall be retained by the Mediator and not filed with the court.

(b) Limitations on Disclosure. No written or oral communication made by any party, attorney, Mediator or other participant in connection with or during any Mediation Conference may be disclosed to anyone not involved in the Matter. Nor may such communication be used in any pending or future proceeding in court to prove liability for or invalidity of a claim or its amount. Such communication may be disclosed, however, if all participants in the Program, including the Mediator, so agree. Notwithstanding the foregoing, this Local Bankruptcy Rule 9047-1 does not require the exclusion of any evidence:

(1) Otherwise discoverable merely because it is presented in the course of a Mediation Conference; or

(2) Offered for another purpose, such as proving bias or prejudice of a witness, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

(c) Evaluations and Written Agreements. Nothing in this Local Bankruptcy Rule 9047-1 shall be construed to prevent parties, counsel or Mediators from responding in absolute confidentiality, to inquiries or surveys by persons authorized by this court to evaluate the Program. Nor shall anything in this section be construed to prohibit parties from entering into written agreements resolving some or all of the Matter or entering or filing procedural or factual stipulations based on suggestions or agreements made in connection with a Mediation Conference.