40-4-303 . Proceedings -- records -- confidentiality. Mediation proceedings under this part are subject to the confidentiality and privilege provisions of 26-1-813 . Mediation proceedings must be conducted in private unless otherwise agreed to in writing by the parties and the mediator. All records of a mediation proceeding are confidential and may not be used in evidence in an action enumerated in 40-4-301 . A mediator and the parties to a mediation under this part are entitled to the confidentiality and privilege provisions of 26-1-813 .
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