AN ACT PROVIDING FOR THE CONFIDENTIALITY OF COMMUNICATIONS MADE DURING CERTAIN MEDIATION OF DISPUTES.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Chapter 233 of the General Laws is hereby amended by inserting after
section 23B the following section:-
Section 23C. All memoranda, and other work product prepared by a mediator and
a mediator's case files shall be confidential and not subject to
disclosure in any judicial or administrative proceeding involving any of
the parties to any mediation to which such materials apply. Any
communication made in the course of
and relating to the subject matter of any mediation and which is made in
the presence of such mediator by any participant, mediator or other person
shall be a confidential communication and not subject to disclosure in any
judicial or administrative proceeding; provided, however, that the
provisions of this section shall not apply to the mediation of labor disputes.
For the purposes of this section a "mediator" shall mean a person not a party
to a dispute who enters into a written agreement with the parties to assist
them in resolving their disputes and has completed at least thirty hours of
training in mediation and who either has four years of professional
experience as a mediator or is accountable to a dispute resolution
organization which has been in existence for at least three years or one who
has been appointed to mediate by a judicial or governmental body.