(a) Except as provided in § 3-1804 of this subtitle, a mediator or any person present or otherwise participating in a mediation at the request of a mediator: (1) Shall maintain the confidentiality of all mediation communications; and (2) May not disclose or be compelled to disclose mediation communications in any judicial, administrative, or other proceeding. (b) Except as provided in § 3-1804 of this subtitle: (1) A party to a mediation and any person present or otherwise participating in the mediation at the request of a party may not disclose or be compelled to disclose mediation communications in any judicial, administrative, or other proceeding; and (2) The parties may enter into a written agreement to maintain the confidentiality of all mediation communications and may require any person present or otherwise participating in the mediation at the request of a party to maintain the confidentiality of all mediation communications.
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