(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:
All parties to the dispute resolution proceeding and the mediator consent in writing;or
The mediation communication reveals the intent to commit a felony, inflict bodilyharm, or threaten the safety of a child under the age of eighteen years; or
The mediation communication is required by statute to be made public; or
Disclosure of the mediation communication is necessary and relevant to an actionalleging willful or wanton misconduct of the mediator or mediation organization.
Any mediation communication that is disclosed in violation of this section shall notbe admitted into evidence in any judicial or administrative proceeding.
Nothing in this section shall prevent the discovery or admissibility of any evidencethat is otherwise discoverable, merely because the evidence was presented in the course of a mediation service proceeding or dispute resolution proceeding.
Nothing in this section shall prevent the gathering of information for research oreducational 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.
Source: L. 83: Entire part added, p. 625, § 1, effective July 1. L. 91: Entire section amended, p. 370, § 4, effective July 1.