Rule 17-105 - Mediation Confidentiality(a) Mediator. Except as provided in sections (c) and (d) of this Rule, a mediator and any person present or otherwise participating in the mediation at the request of the mediator shall maintain the confidentiality of all mediation communications and may not disclose or be compelled to disclose mediation communications in any judicial, administrative, or other proceeding.(b) Parties. Except as provided in sections (c) and (d) of this Rule: (1) a party to a mediation and any person present or who otherwise participates in a mediation at the request of a party may not disclose or be compelled to disclose a mediation communication in any judicial, administrative, or other proceeding; and(2) the parties may enter into a written agreement to maintain the confidentiality of mediation communications and to require all persons who are present or who otherwise participate in a mediation to join in that agreement.Cross reference: See Rule 5-408(a)(3).
(c) Signed Document. A document signed by the parties that records points of agreement expressed and adopted by the parties or that constitutes an agreement reached by the parties as a result of mediation is not confidential, unless the parties agree otherwise in writing. Cross reference: See Rule 9-205(h) concerning the submission of a document embodying the points of agreement to the court in a child access case.
(d) Permitted Disclosures. In addition to any disclosures required by law, a mediator, a party, and a person who was present or who otherwise participated in a mediation may disclose or report mediation communications: (1) to a potential victim or to the appropriate authorities to the extent they reasonably believe necessary to help prevent serious bodily harm or death to the potential victim;(2) when relevant to the assertion of or defense against allegations of mediator misconduct or negligence; or(3) when relevant to a claim or defense that an agreement arising out of a mediation should be rescinded because of fraud, duress, or misrepresentation.Cross reference: For the legal requirement to report suspected acts of child abuse, see Code, Family Law Article, § 5-705.
(e) Discovery; Admissibility of Information. Mediation communications that are confidential under this Rule are not subject to discovery, but information that is otherwise admissible or subject to discovery does not become inadmissible or protected from disclosure solely by reason of its use in mediation. Cross reference: See Rule 5-408(b). See also Code, Courts Article, Title 3, Subtitle 18, which does not apply to mediations to which the Rules in Title 17 apply.
This Rule is derived from former Rule 17-109(2012).
Adopted Nov. 1, 2012, eff. 1/1/2013.