The Maryland Initial Mediation Confidentiality Agreement is a legal document that is used to ensure the confidentiality of information disclosed during a mediation process. It is designed to protect the interests of all parties involved in the mediation process and ensure that confidential information remains private. The agreement outlines the scope and limits of confidentiality, and it is signed by all parties involved in the mediation process. There are two types of Maryland Initial Mediation Confidentiality Agreements: the Mutual Non-Disclosure Agreement and the Limited Non-Disclosure Agreement. The Mutual Non-Disclosure Agreement applies to all parties involved in the mediation process, while the Limited Non-Disclosure Agreement is specific to one party. Both agreements require all parties to keep any and all information disclosed during the mediation process confidential and not to use it for any purpose other than the mediation process.
Maryland Initial Mediation Confidentiality Agreement
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FAQ
The parties may not disclose discussions or other communications with the mediator unless all parties agree, because it is required by law, or because otherwise confidential communications are relevant to a complaint against a mediator or the Mediation Program arising out of the mediation.
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).
The mediator must remain impartial, both in perception and in fact (Freedman & Prigoff, 1986; Brown, 1991). This protects the parties involved in the conflict, so that neither can be penalized over what was discussed in what was supposed to be a confidential mediation.
As a general rule, mediation communications are privileged and not subject to discovery or admissible in evidence in a proceeding unless waived by all the parties to a mediation, as well as the mediator and the third party participants.
(1) Confidentiality: The proceedings are confidential both as between the parties and as between the parties and the mediator. As a result even if the parties agree that matters can be referred to outside the mediation, the mediator can enforce the confidentiality provision.
Some of the statutory exceptions include (1) when disclosure is necessary for criminal prosecution; (2) when necessary to prove coercion or fraud that led to the mediated settlement; (3) in order to establish the existence or terms of a settlement agreement; and (4) when necessary to impose sanctions or to discipline
Confidentiality is at the heart of a mediation session and is critical to a successful resolution. The parties must be assured that they can share sensitive information at the session, where it is necessary to see that their true needs and interests may be met, without fear of subsequent disclosure to their detriment.
As stated above, in California state proceedings, mediation confidentiality is enforced through evidentiary rules of exclusion.
