CONFIDENTIALITY OF THE MEDIATION PROCESS Clause Samples

The "Confidentiality of the Mediation Process" clause establishes that all communications, documents, and information shared during mediation are to be kept private and not disclosed to outside parties. Typically, this means that anything said or produced in the course of mediation cannot be used as evidence in later legal proceedings, and participants are prohibited from sharing details with anyone not involved in the process. This clause is essential for fostering open and honest dialogue between parties, as it reassures them that their discussions will remain confidential and cannot be used against them later, thereby encouraging settlement and protecting sensitive information.
CONFIDENTIALITY OF THE MEDIATION PROCESS. Any information disclosed during the mediation process by a party or that party’s representative in private will be treated by the mediator as confidential, unless the party making the disclosure states otherwise.
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CONFIDENTIALITY OF THE MEDIATION PROCESS a. Any communication relating to the subject matter of this dispute made during the mediation process by any person present at the mediation shall be a confidential communication. Recording of any such communication is strictly prohibited. b. Any statement made in setting up or conducting the mediation is not admissible as evidence and is subject to discovery only if obtainable by other means. c. All notes and other documents relating to the mediation shall be confidential and shall not be subject to subpoena, discovery, or other disclosure in any legal proceeding. d. The mediator and those persons assisting the mediator shall not be subpoenaed or otherwise compelled to disclose any matter disclosed in the process of setting up or conducting the mediation session. e. EXCEPTIONS to mediator confidentiality exist if the mediator reasonably believes disclosure will prevent death or substantial bodily harm that is reasonably certain to occur.
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CONFIDENTIALITY OF THE MEDIATION PROCESS. A) Subject to the exceptions noted herein, “confidential” or “confidentiality” means that all “mediation communications” during the “mediation process” (including pre- and post-mediation session communications) are: 1) confidential, 2) not subject to disclosure, 3) non-discoverable, and 4) inadmissible for any purpose in any proceeding. The “mediation process” commences with the first contact between a party or their representative/agent and a mediator. The terms “confidential” or “confidentiality,” also incorporate all statutory provisions (e.g. FRE/OEC Rule 408(ORS 40.190, federal mediation statutes/rule and regulations); along with all exceptions to public record/freedom of information (See ORS 192.410 to 192.505); and public meeting laws (See ORS 192.610 to 192.690)) (“mediation laws”). Taken together, all “mediation communications,” subject only to any exceptions agreed to in writing by the Participants, are “confidential,” or subject to “confidentiality.” Nothing in this Agreement or ORS 36.220 to 36.238 affects any “confidentiality” created by other law.
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CONFIDENTIALITY OF THE MEDIATION PROCESS. Any communication relating to the subject matter of this dispute made during the mediation process by any person present at the mediation shall be a confidential communication. Recording of any such communication is strictly prohibited. Any statement made in setting up or conducting mediation is not admissible in evidence and is subject to discovery only if obtainable by other means. All notes and other documents relating to the mediation shall be confidential and shall not be subject to subpoena, discovery, or other disclosure in any legal proceeding. The mediator and those persons assisting the mediator shall not be subpoenaed or otherwise compelled to disclose any matter disclosed in the process of setting up or conducting the mediation session.
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Related to CONFIDENTIALITY OF THE MEDIATION PROCESS

  • CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this contract, shall be protected by CONSULTANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the contract, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. CONSULTANT shall not comment publicly to the press or any other media regarding the contract or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee. D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission. E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

  • Confidentiality of Vendor Data Vendor understands and agrees that by signing this Agreement, all Vendor Data is hereby released to TIPS, TIPS Members, and TIPS third-party administrators to effectuate Vendor’s TIPS Contract except as provided for herein. The Parties agree that Vendor Data is accessible by all TIPS Members as if submitted directly to that TIPS Member Customer for purchase consideration. If Vendor otherwise considers any portion of Vendor’s Data to be confidential and not subject to public disclosure pursuant to Chapter 552 Texas Gov’t Code (the “Public Information Act”) or other law(s) and orders, Vendor must have identified the claimed confidential materials through proper execution of the Confidentiality Claim Form which is required to be submitted as part of Vendor’s proposal resulting in this Agreement and incorporated by reference. The Confidentiality Claim Form included in Vendor’s proposal and incorporated herein by reference is the sole indicator of whether Vendor considers any Vendor Data confidential in the event TIPS receives a Public Information Request. If TIPS receives a request, any responsive documentation not deemed confidential by you in this manner will be automatically released. For Vendor Data deemed confidential by you in this manner, TIPS will follow procedures of controlling statute(s) regarding any claim of confidentiality and shall not be liable for any release of information required by law, including Attorney General determination and opinion. In the event that TIPS receives a written request for information pursuant to the Public Information Act that affects Vendor’s interest in any information or data furnished to TIPS by Vendor, and TIPS requests an opinion from the Attorney General, Vendor may, at its own option and expense, prepare comments and submit information directly to the Attorney General stating why the requested information is exempt from disclosure pursuant to the requirements of the Public Information Act. Vendor is solely responsible for submitting the memorandum brief and information to the Attorney General

  • Confidentiality of Student Records 1. Student educational records created as a result of this Agreement shall be retained and disseminated in accordance with Family Educational Rights and Privacy Act (FERPA) requirements. 2. Participation in dual credit courses requires STUDENT and, if applicable, PARENT/GUARDIAN signatures on the Form for compliance with FERPA regulations.

  • CONFIDENTIALITY & DATA PROTECTION Subject to the Texas Public Information Act and any similar legal requirements, neither Party shall disclose any confidential information obtained from the other Party without such Party's prior written approval. As applicable, Contractor shall maintain and process all information it receives in compliance with all applicable data protect/privacy laws and regulations and University policies.

  • Confidentiality of Records Each Investor agrees to use, and to use its best efforts to insure that its authorized representatives use, the same degree of care as such Investor uses to protect its own confidential information to keep confidential any information furnished to it which the Company identifies as being confidential or proprietary (so long as such information is not in the public domain), except that such Investor may disclose such proprietary or confidential information to any partner, subsidiary or parent of such Investor for the purpose of evaluating its investment in the Company as long as such partner, subsidiary or parent is advised of the confidentiality provisions of this Section 3.3.