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Appendix C. Confidentiality of Proceedings

Oklahoma Statutes AnnotatedTitle 12. Civil ProcedureEffective: October 8, 2018

Oklahoma Statutes Annotated
Title 12. Civil Procedure (Refs & Annos)
Chapter 37.--Appendix. Rules and Procedures for the Dispute Resolution Act (Refs & Annos)
Appendices
Effective: October 8, 2018
T. 12, Ch. 37, App., App. C
Appendix C. Confidentiality of Proceedings
Alternative Dispute Resolution System
Confidentiality of Proceedings and Rules of Conduct For Parties Attending Mediation Hearing
ACKNOWLEDGEMENT FORM
As ordered by the Oklahoma Supreme Court, all persons attending a proceeding in the Dispute Mediation Program must abide by the following Confidentiality Provisions and Rules of Conduct, and must execute this Acknowledgement Form before attending a mediation proceeding.
Case No:
 
Case Name:
 
CONFIDENTIALITY OF PROCEEDINGS--12 O.S. § 1805
A. Any information received by a mediator or a person employed to assist a mediator, through files, reports, interviews, memoranda, case summaries, or notes and work products of the mediator, is privileged and confidential.
B. No part of the proceedings shall be considered a matter of public record.
C. No mediator, initiating party, or responding party in a mediation proceeding shall be subject to administrative or judicial process requiring disclosure of any matters discussed or shall disclose any information obtained during any part of the mediation proceeding.
D. Each mediation session shall be informal. No adjudication sanction or penalty may be made or imposed by the mediator or the program.
E. No mediator, employee, or agent of a mediator shall be held liable for civil damages for any statement or decision made in the process of mediating or settling a dispute unless the action of such person was a result of gross negligence with malicious purpose or in a manner exhibiting willful disregard of the rights, safety, or property or any party to the mediation.
F. If a party who has participated in mediation brings an action for damages against a mediator arising out of mediation, for purposes of that action the privilege provided for in subsection A of this section shall be deemed to be waived as to the party bringing the action.

Credits

Adopted effective April 8, 1986. Amended effective April 20, 1989; October 8, 2018.
Dispute Resolution App. C, 12 O. S. A. Ch. 37, App., OK ST DISPUTE RES App. C
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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