Effective October 1, 2012, the confidentiality of mediations that occur outside of the court system will be afforded the same confidentiality protections as civil court action mediations. The new legislation clarifies that the confidentiality extension only applies to mediations the parties are required by law to participate in, are referred to by an administrative agency or arbitrator, or are in written agreement that the mediation communications will be confidential. The mediator must also state in writing that he/she has read and will abide by the Maryland Standard of Conduct for Mediation during the mediation. The limitations on disclosure are now also extended to anyone present or otherwise participating in the mediation.
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