Chapter 03. Confidentiality of Mediation Information
Regulation .01 General Confidentiality Provisions.LinkCopy Citation
A.
Except as provided in Regulation 02 of this chapter, the Ombudsman shall maintain the confidentiality of all mediation information in accordance with the Act, the Standards of Conduct for Mediators, and the Mediation Confidentiality Act.
B.
The Ombudsman may not disclose or be compelled to disclose mediation information in any judicial, administrative, or other proceeding, in accordance with the Act and with the Mediation Confidentiality Act.
C.
A party may not disclose or be compelled to disclose mediation information in any judicial, administrative, or other proceeding, in accordance with the Mediation Confidentiality Act.
Regulation .02 Exceptions to Confidentiality of Mediation Information.LinkCopy Citation
A.
The Ombudsman may disclose mediation information, including mediation communications, in the following situations:
(1)
With Office staff, including an Assistant Attorney General who represents the Office, the Administrative Officer, or any other person working under the direction of the Ombudsman, to carry out the duties of the Office; and
(2)
To third parties, if the parties to the mediation have consented to the disclosure.
B.
The Ombudsman may transfer basic information about a dispute, including the identity of the applicant and custodian and the nature of the dispute, to the Board if appropriate steps have been taken to protect the confidentiality of mediation communications.
Chapter annotations
Authority: General Provisions Article, §§4-1B-01—4-1B-04, Annotated Code of Maryland
History: Effective date: June 17, 2019 (46:12 Md. R. 547)
History: Regulation .01D repealed effective September 18, 2023 (50:18 Md. R. 800)
History: Regulation .02 amended effective September 18, 2023 (50:18 Md. R. 800)