Confidentiality of Mediation. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either Party in any later proceedings relating to the dispute. No recording or transcript shall be made of the mediation proceedings.
Confidentiality of Mediation. All conferences and discussions which occur in connection with the mediation conducted pursuant to this Agreement shall be deemed settlement discussions and nothing said or disclosed nor any document produced which is not otherwise independently discoverable shall be offered or received as evidence or used for impeachment or for any other purpose in any current or future arbitration or litigation.
Confidentiality of Mediation a) The disclosure of information by an Authorized Party in the course of any mediation under this Chapter is not a waiver of any privilege by that Authorized Party for purposes of any legal proceedings.
b) Unless the Authorized Parties otherwise agree and subject to the Access to Information Act, R.S.C. 1985, c. A-1, the Privacy Act, R.S.C. 1985, c. P- 21, the Library and Archives of Canada Act, S.C. 2004, c. 11, and any other applicable law, information disclosed in mediation and not otherwise publicly available shall be kept confidential by all participants, including the mediator.
c) All communications at a mediation session and the mediator’s notes and records shall be deemed to be without prejudice settlement discussions and are not admissible as evidence in any arbitration under Section 9.12 of this Chapter or in any legal proceedings before any courts, boards, commissions or other tribunals.
d) Evidence that is independently admissible or discoverable in any legal proceedings before any courts, boards, commissions or other tribunals, including any arbitration under Section 9.12 of this Chapter, shall not be rendered inadmissible or non-discoverable by virtue of its use during the mediation.
e) The Authorized Parties agree not to call or compel the mediator to give evidence in any proceedings referenced in paragraph d) of this Section subsequent to the mediation.
Confidentiality of Mediation. The Parties further agree that all offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties thereto, their agents, employees, experts, and attorneys, and by the mediator and any employees of the mediation service, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable will not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
Confidentiality of Mediation. The Parties acknowledge that, pursuant to Pennsylvania statute, all mediation communications and mediation documents, except as provided below, are privileged. Disclosure of mediation communications and mediation documents may not be required or compelled through discovery or any other process. Mediation communications and mediation documents are not admissible as evidence in any action or proceeding, including but not limited to a judicial, administrative, or arbitration action or proceeding.
Confidentiality of Mediation. The Parties agree that the Mediation, and all discussions, conferences, or exchanges of documents or information, however transmitted, are subject to the provisions of California Evidence Code Section 1115, et seq. in effect as of the effective date of this Agreement and without regard to any subsequent amendment or repeal.
Confidentiality of Mediation. All statements and writings made during the course of mediation (including pre-session and post-session conversations and exchanges of information) are confidential, privileged settlement discussions, made without prejudice to any party’s legal position, and are inadmissible for any purpose in any subsequent legal or administrative proceeding. The parties shall not disclose the statements and/or writings to any other persons or in the media. Moreover, the parties shall not subpoena or otherwise require Mediator to testify or produce records, reports, notes or other documents reviewed, received or prepared by Mediator during the course of the mediation process. In furtherance of the foregoing, the parties agree that California Evidence Code §§1115-1128 and/or Rule 408 of the Federal Rules of Evidence shall apply to this mediation. The parties agree that breach of this paragraph 5 would cause irreparable injury and that monetary damages would be an inadequate remedy, since the parties are relying on the confidentiality of the mediation in disclosing sensitive business and/or personal information. The parties therefore agree and stipulate that any party to this Mediation Agreement may obtain an injunction to prevent disclosure of any such confidential information in violation of this paragraph 5. Any party breaching the confidentiality provisions of this paragraph 5 shall be liable for, and shall indemnify the non-breaching party(ies) and Mediator for all costs, expenses, liabilities and fees, including, without limitation, attorney’s fees, which may be incurred as a result of such breach.
Confidentiality of Mediation. The mediation will be treated as a settlement discussion and therefore will be confidential, and except as required by law and the next two sentences, neither party may disclose the content or results of any mediation hereunder without the prior written consent of the other party. Each party may disclose the content and results of any mediation to its employees who need to know such information, and to its directors, trustees, auditors and legal counsel. Each party may also disclose the content and results of any mediation to the extent necessary to comply with applicable accounting standards with respect to its annual financial reports, and to allow its auditors to issue an unqualified opinion that the party’s financial statements present fairly, in all material respects, the net assets of the party in conformity with accounting principles generally accepted in the United States.
Confidentiality of Mediation. The parties and the mediator(s) agree to keep confidential, thus not discuss or disclose to anyone other than the parties, the mediator, and the attorneys, all information, written documents, and oral communications discussed and/or disclosed during mediation, unless agreed to by the parties and/or their attorneys. No information obtained during mediation will be given to any outside individual, entity, or organization, unless both parties concur and/or their attorneys. The limitations on confidentiality of information developed through mediation does not apply to disclosures by each party to their respective attorneys. Nor does it apply, and the parties do consent, to the mediator communicating with the parties’ attorneys, with the understanding that the mediator will discuss specifics individual to each party only to that party’s respective attorney. The parties understand and agree that the mediation process is a process that attempts to settle all outstanding issues between them. Given this, statements made by either or both parties during mediations sessions will not be admissible in any court or administrative proceeding. The parties further agree that neither will call as a witness the mediator(s) or any person doing mediation under his or her direction or auspices, in any subsequent court or administrative proceeding. The parties also agree that neither will subpoena any records, documents, or other information or material the mediator(s) may have in their file or may have produced during the mediation process or in furtherance of working with the parties.
Confidentiality of Mediation. The mediation proceeding governed by this agreement is confidential and private, except to the extent necessary to implement or enforce any agreement made as a result of this mediation. and agree that they will not record or share the mediation meeting and, specifically, that:
