Local Rule LCvR 84.9: CONFIDENTIALITY
D.D.C. — Civil rule
LCvR 84.9 CONFIDENTIALITY
(a) CONFIDENTIAL TREATMENT.
(1) The Court hereby prohibits the mediator, all counsel and parties and any other persons attending the mediation from disclosing any written or oral communications made in connection with or during any mediation session.
(2) There shall be no communication between the mediator and the assigned judge regarding a case that has been referred to mediation. Disputes and complaints of any kind, the resolution of which may require the disclosure of information acquired through a mediation, shall not be heard by the assigned judge but shall be brought to the attention of the Compliance Judge as outlined in LCvR 84.10 below.
(3) Information acquired through mediation shall not be used for any purpose, including impeachment, in any pending or future proceeding in this or any other court or forum. Mediators shall not respond to subpoenas or requests for such information or disclose such information voluntarily. Mediators who are served with a subpoena or otherwise asked for information about any mediation in which they have participated shall immediately inform the Director of Dispute Resolution of the request.
(b) CONFIDENTIALITY AGREEMENT.
The mediator may ask the parties and all persons attending the mediation to sign a confidentiality agreement on a form provided by the Court, but the confidentiality requirements of this section apply regardless of whether a confidentiality agreement is signed.
(c) EXCEPTIONS.
(1) Nothing in this Rule shall be construed to prohibit disclosures to persons not directly participating in a mediation (such as corporate or government officials) whose possession of mediation-related information counsel believe to be necessary to further the progress of the talks in the case; or to help the institution respond to the mediation program generally. Persons not attending a mediation who are given information on this "need to know" basis shall also be bound by this Rule regarding confidentiality.
(2) This Rule shall not be construed to prohibit parties from entering written agreements resolving some or all of the case or from entering and filing procedural or factual stipulations based on suggestions or agreements made in connection with a mediation.
(3) Information which is obtained through discovery or other means outside the mediation process shall not be rendered inadmissible or non-discoverable because it is used or presented in mediation.
(4) This Rule does not preclude a report to or an inquiry by the Compliance Judge pursuant to LCvR 84.10 below regarding a possible violation of these Rules.
(5) Nothing in this Rule shall be construed to prohibit the mediator, counsel or litigants from discussing, with the Court's ADR staff, the progress of a mediation or the specific facts and ideas discussed in the course of mediated negotiations. Such communications are encouraged to permit the staff to monitor the quality of the mediation services being provided.
(6) This Rule does not preclude dissemination of information about the types of cases going through the Mediation Program or about overall program results. Generic information about the program and cases entering mediation is available, and reports are generated for analysis and evaluation. Individual cases that have been resolved through mediation may be publicly identified, discussed or brought to the Court's attention if the parties consent to such a disclosure.