Oklahoma § 12-1805 - Confidentiality of proceedings - Disclosure - Civil

§ 12-1805. Confidentiality of proceedings - Disclosure - Civil

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.

Added by Laws 1983, c. 78, § 5, operative July 1, 1983. Amended by

Laws 2023, c. 324, § 1, eff. Nov. 1, 2023.