Okla. Stat. tit. 12, § 12-1805
This is the official text of Okla. Stat. tit. 12, § 12-1805, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Confidentiality of proceedings - Disclosure - Civil
Official statutory text
liability - Waiver of privilege.
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 proceeding shall be considered a matter of
public record.
C. Other than a mediator's report to the court, 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 proceedings
including but not limited to mediation scheduling, attendance,
participation, or discussion of any proposed settlement agreement,
items agreed upon or disputed, or the intent of the parties.
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 of 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.
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 proceeding shall be considered a matter of
public record.
C. Other than a mediator's report to the court, 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 proceedings
including but not limited to mediation scheduling, attendance,
participation, or discussion of any proposed settlement agreement,
items agreed upon or disputed, or the intent of the parties.
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 of 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.
Status: in_force · Read it on the official government site
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