Mediation: Confidentiality

Schreckendgust v. Montana Schools Group Ins. Authority [07/23/09] 2009 MTWCC 23 The Court granted Respondent's motion to strike Petitioner's references to the department mediation in her brief, and the mediator's report which Petitioner attached as an exhibit. No exception to the confidentiality provisions of § 39-71-2410, MCA, exists for Petitioner's mediation references and it is not this Court's prerogative to create such an exception by judicial fiat.

Emmons v. MHA Workers Compensation Reciprocal [03/09/09] 2009 MTWCC 10 Since department mediation proceedings and all communications during those proceedings are confidential, and the mediator’s report and the information contained within it are inadmissible, this Court cannot consider information from the mediator’s report which a party attempts to introduce into the record. The mediation report is of no persuasive value to the Court and none of the information contained within it will be considered by the Court.

Rose v. State Fund (4/19/04) 2004 MTWCC 36 Confidentiality provisions governing mediation preclude the admission of statements made during the mediation even if the statements sought to be admitted were purportedly addressed to other parties rather than directly to the mediator. 39-71-2410, MCA (1991-2003).