(A) Confidentiality.
Alternative dispute resolution proceedings are private and confidential. A
neutral may exclude all persons other than the named parties and their counsel from ADR
conferences. Other individuals may participate with the consent of the neutral, provided they
agree to the rules pertaining to confidentiality. All written and oral communications made or
disclosed to the neutral are confidential and may not be disclosed by the neutral, any party, or
other participant, unless the parties otherwise agree in writing. Documents created by the
parties for use by the neutral will not be filed with the Court. The neutral must not testify
regarding matters disclosed during ADR proceedings. This rule does not prohibit or limit the
enforcement of agreements or the collection of non-identifying information for Court-approved
research and evaluation purposes, or the filing of the ADR compliance report.
(B) Pre-Mediation Ex Parte Communication.
The neutral designated in a case may communicate privately and ex parte with
counsel and unrepresented parties prior to the commencement of the formal dispute resolution
process.
(Amended October 1, 2001, effective November 1, 2001; Paragraph B amended August 19, 2005, effective September 20, 2005; Amended
November 5, 2014, effective December 15, 2014)
