Rule 99.11 - Confidentiality1. Unless agreed by the parties and the mediator, mediation conferences shall be closed to all persons other than the parties and their legal representatives.2. No part of mediation may be recorded without express agreement of the parties, counsel and the mediator.3. Mediation shall be regarded as settlement negotiations for purposes of KRE 408.4. For purposes of this rule, all mediation communications, including documents, communicated during the mediation process are both privileged and confidential. For this purpose, the mediation process includes any communications with the mediator in advance of, during and after the mediation conference. They are not subject to disclosure through discovery or any other process and are not admissible into evidence in any judicial or administrative proceeding. However, evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its disclosure or use during the mediation.5. A mediator shall not disclose, directly or indirectly, to any nonparticipant any information communicated to the mediator by a participant within the mediation process.6. It is the responsibility of each party and/or counsel to explicitly advise the mediator precisely what information communicated to the mediator is communicated in confidence so that it will not be divulged to other mediation participants.7. A mediator shall not disclose, directly or indirectly, to any participant in the mediation any information communicated to the mediator in confidence unless the mediator is given permission by the communicating participant to do so. A mediator may encourage a participant to permit disclosure, but absent such permission, the mediator shall not disclose.8. Unless otherwise allowed under CR 99 or CR 100, a mediator shall not disclose to, nor discuss with, court officials or staff any information communicated to the mediator by any participant within the mediation process, including correspondence or communications regarding scheduling or attendance, nor may the mediator comment about the mediation negotiations in any respect.9. Mediators shall not be subject to process requiring the disclosure of any matter discussed during the mediation, but rather, such matters shall be considered confidential and privileged in nature except on order of the court for good cause shown. This privilege and immunity reside in the mediator and may not be waived by the parties.10. Nothing in this rule prohibits a mediator from reporting abuse according to KRS 209.030, KRS 620.030, or other applicable law.11. Any executed settlement document shall not be deemed privileged and confidential as provided in this rule unless the parties explicitly stipulate that the terms of settlement are to remain confidential. In any event, however, should the settlement agreement be required as proof in a proceeding to enforce the terms of settlement, such settlement agreement shall no longer have the privilege of confidentiality and may be introduced into evidence.12. Notwithstanding any other provision of this CR 99.11, a mediator will not be bound by the confidentiality requirements of mediation to the extent allowed by a court in considering a claim against the mediator.Adopted by order 2022-04, eff. 2/1/2022; amended by order 2022-08, eff. 2/1/2022.