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Maine Workers' Compensation Legal Library

Maine Home Page   >   Maine Regulations

§ 2. Confidentiality of Mediation

Mediation is most successful when the parties are free to speak candidly and openly about their interests, needs, and desires. Confidentiality also protects unrepresented parties from exploitation by individuals who use mediation for discovery.

1. All statements made during the course of mediation are made without prejudice to any party's legal position in the dispute being mediated.

2. No aspect of a mediation, other than the Record of Mediation, shall be discoverable or admissible in any proceeding, other than a Penalty referral, governed by the Workers' Compensation Act. Limitations on admissibility and discoverability include, but are not limited to, the following:

A. The mediator shall not be called as a witness, nor shall discovery be taken from the mediator, nor shall a mediator be compelled to produce notes or other evidence of what transpired at mediation.

B. Views expressed or suggestions made by a party with respect to a possible resolution of the dispute, admissions made during mediation, proposals made or views expressed by the mediator, or the response of any party to the mediator's proposals are not discoverable or admissible.

3. Mediators shall not disclose any information provided to them by one party in private to any other party in the mediation without authorization from the disclosing party, except to the extent that such disclosure is required by law.

4. The mediator may restrict attendance at mediation and participation by individuals who are not parties to the dispute.

5. Mediation sessions shall not be recorded or transcribed.

6. Information discussed during mediation may be disclosed if required by superseding state or federal law or codes of professional conduct.

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