Admin no. - n/a
Issued - 10-28-09
Comments open to - 2-1-10
See later item regarding adoption
This one comes directly from the SCAO's Mediation Confidentiality and Standards of Conduct Committee, rather than from the Supreme Court. The new proposed rule would continue the general rule that "mediation communications" are not admissible in evidence or subject to discovery, but would add a series of exceptions, including disclosures
- necessary to resolve disputes regarding the mediator's fee
- necessary to resolve issues regarding a party's failure to appear
- making threats of committing a crime, or concealing a crime
- "indicating the likelihood" of abuse of a child, an elderly person, or a protected person
- relating to claims of professional negligence on the part of a participant
- relating to proceedings to enforce a settlement agreement (qualified immunity)
