Rule 2.11 - Confidentiality and Admissibility(A) Confidentiality. (1) Mediation sessions shall be confidential and closed to all persons other than the parties of record, their legal representatives, and persons invited or permitted by the mediator.(2) The confidentiality of mediation may not be waived.(3) A mediator shall not be subject to process requiring the disclosure of any matter occurring during the mediation except in a separate matter as required by law.(4) This Rule shall not prohibit the disclosure of information authorized or required by law.(B) Admissibility. (1) Mediation shall be regarded as settlement negotiations governed by Indiana Evidence Rule 408.(2) Evidence discoverable outside of mediation shall not be excluded merely because it was discussed or presented in the course of mediation.Ind. R. Alter. Disp. Res. 2.11
Adopted Nov. 7, 1991, effective 1/1/1992; amended Dec. 23, 1996, effective 3/1/1997; amended effective1/1/2017.