Court Rules

Reorganized California Rules Of Court

Rule 3.854

Title 3. Civil Rules

Division 8. Alternative Dispute Resolution

Chapter 3. General Rules Relating to Mediation of Civil Cases

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; caucuses

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 the information.

(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.

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