Rule 17-204 - Neutral Experts(a) Appointment. With the consent of all parties participating in the ADR, a court-designated ADR practitioner may select a neutral expert to participate in the ADR. The expense of the neutral expert shall be allocated among the parties in accordance with their agreement.(b) Confidentiality.(1)Mediation Proceedings. In a mediation, the provisions of Rule 17-105 apply to the neutral expert.(2)Other ADR. In all ADR other than mediation, the parties and the ADR practitioner may require the neutral expert to enter into a written agreement binding the neutral expert to confidentiality. The written agreement may include provisions stating that the expert may not disclose or be compelled to disclose any communications related to the ADR in any judicial, administrative, or other proceedings. Communications related to the ADR that are confidential under an agreement allowed by this subsection are not subject to discovery, but information otherwise admissible or subject to discovery does not become inadmissible or protected from disclosure solely by reason of its use related to the ADR. This Rule is derived from former Rule 17-105.1(2012).
Adopted Nov. 1, 2012, eff. 1/1/2013.