Duties of mediator and participants

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    (a)    Except as provided in § 3–1804 of this subtitle, a mediator or any person present or otherwise participating in a mediation at the request of a mediator:

        (1)    Shall maintain the confidentiality of all mediation communications; and

        (2)    May not disclose or be compelled to disclose mediation communications in any judicial, administrative, or other proceeding.

    (b)    Except as provided in § 3–1804 of this subtitle:

        (1)    A party to a mediation and any person present or otherwise participating in the mediation at the request of a party may not disclose or be compelled to disclose mediation communications in any judicial, administrative, or other proceeding; and

        (2)    The parties may enter into a written agreement to maintain the confidentiality of all mediation communications and may require any person present or otherwise participating in the mediation at the request of a party to maintain the confidentiality of all mediation communications.


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