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Confidentiality. The parties, attorneys, BDRC Services, agents of BDRC Services and the Mediator(s) agree to the following confidentiality provisions:
- Statements made and documents produced in mediation, which are not otherwise discoverable, are not subject to discovery or other disclosure and are not admissible into evidence for any purpose, including impeachment, at trial or any and legal or administrative proceeding.
- Notes, records and recollections of the Mediator are confidential, which means that they shall not be disclosed to any persons except BDRC Services staff or administrative staff of the Mediator as necessary.
- The parties will not subpoena the Mediator(s), any members of BDRC Services staff, or any records or documents of the Mediator(s) or BDRC Services in any legal proceedings of any kind. If so called or subpoenaed, BDRC Services and/or the Mediator(s) my refuse to testify or produce the requested documents. Should any party attempt to compel such testimony or production, such party shall be liable for, and shall indemnify BDRC Services and/or the Mediator(s) against any liabilities, costs or expenses, including reasonable attorney’s fees, which BDRC Services and/or the Mediator(s) may incur in resisting such compulsion.
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