Confidentiality of Information.
Section 9
SEC. 9. Confidentiality of Information.— Information obtained through mediation proceedings shall be subject to the following principles and guidelines: Information obtained through mediation shall be privileged and confidential. A party, a mediator, or a nonparty participant may refuse to disclose and may prevent any other person from disclosing a mediation communication. Confidential Information shall not be subject to discovery and shall be inadmissible in any adversarial proceeding, whether judicial or quasi-judicial. However, evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its use in a mediation. In such an adversarial proceeding, the following persons involved or previously in a mediation may not be compelled to disclose confidential information obtained during mediation: (1) the parties to the dispute, (2) the mediator or mediators, (3) the counsel for the parties; (4) the nonparty participants; (5) any persons hired or engaged in connection with the mediation as secretary, stenographer, clerk or assistant; and (6) any other person who obtains or possesses confidential information by reason of his/her profession. The protections of this Act shall continue to apply even if a mediator is found to have failed to act impartially. A mediator may not be called to testify to provide information gathered in mediation. A mediator who is wrongfully subpoenaed shall be reimbursed the full cost of his attorney's fees and related expenses.