Rule 23 Confidentiality of Mediation and Communications in the Course of Mediation
Rule Text
(a) Confidentiality of Proceedings. Mediation proceedings pursuant to these Rules shall remain confidential.
(b) Confidentiality of Communications. All communications, verbal and written, made by the mediator, the parties, and their counsel during mediation shall be confidential.
(c) Confidentiality of the Fact Mediation has Occurred. At the jury trial of the action, there shall be no mention of or reference to the fact that any mediation has taken place, except as otherwise provided in these Rules.
(d) Prejudice. Any reference to mediation during a jury trial is prejudicial and, if not curable by a jury instruction, may constitute grounds for a mistrial.