§ 9-19-44 - Mediator confidentiality in mediation proceedings.
SECTION 9-19-44
§ 9-19-44 Mediator confidentiality inmediation proceedings. – (a) All memoranda and other work product, including files, reports, interviews,case summaries, and notes, prepared by a mediator shall be confidential and notsubject to disclosure in any subsequent judicial or administrative proceedinginvolving any of the parties to any mediation in which the materials aregenerated; nor shall a mediator be compelled to disclose in any subsequentjudicial or administrative proceeding any communication made to him or her inthe course of, or relating to the subject matter of, any mediation by aparticipant in the mediation process. For the purposes of this section,"mediation" shall mean a process in which an impartial third party who is aqualified mediator, who lacks authority to impose a solution, helpsparticipants reach their own agreement for resolving a dispute, whether or nota judicial action has been filed; and a "mediator" shall mean an impartialperson who enters into a written agreement with the parties to assist them inresolving their dispute and who has completed at least thirty (30) hours oftraining in mediation, or has two (2) years of professional experience as amediator, or has been appointed to mediate by a judicial or governmental body.
(b) This section shall not be applicable to any and allcollective bargaining mediation, including but not limited to collectivebargaining mediation conducted pursuant to chapters 9.1 – 9.5 and 10 oftitle 28 and chapter 11 of title 36.