Maryland Mediation Confidentiality Act Goes into Effect

Maryland’s Mediation Confidentiality Act (SB 856/HB 762) went into effect on October 1, 2012. The Act establishes that, with certain exceptions, communications made in a mediation (i) in which the parties are required to mediate by law or (ii) are referred by an administrative agency or arbitrator, or (iii) in which the parties agree in writing that the mediation will remain confidential, must be kept confidential. Under the Act, the mediator must state in writing that he/she has read and will abide by the Maryland Standard of Conduct for Mediation during the mediation. The duty of confidentiality extends to any party present or otherwise participating in the mediation. Prior to the passage of the Act, Maryland court rules provided for confidentiality in mediations only for civil court action mediations. The full text of the Act is here.