Rules Of Court
Title 3. Civil Rules
Division 8. Alternative Dispute Resolution
Chapter 3. General Rules Relating to Mediation of Civil
Article 2. Rules of Conduct for Mediators in
Court-Connected Mediation Programs for Civil Cases
As amended through April 1, 2007
Rule 3.854. Confidentiality.
(a) Compliance with confidentiality law
A mediator must, at all times, comply with the
applicable law concerning confidentiality.
(b) Informing participants of confidentiality
At or before the outset of the first mediation
session, a mediator must provide the participants with a general
explanation of the confidentiality of mediation proceedings.
(c) Confidentiality of separate communications;
If, after all the parties have agreed to participate
in the mediation process and the mediator has agreed to mediate the
case, a mediator speaks separately with one or more participants out
of the presence of the other participants, the mediator must first
discuss with all participants the mediator's practice regarding
confidentiality for separate communications with the participants.
Except as required by law, a mediator must not disclose information
revealed in confidence during such separate communications unless
authorized to do so by the participant or participants who revealed
(d) Use of confidential information
A mediator must not use information that is acquired
in confidence in the course of a mediation outside the mediation or
for personal gain.