Section 21 in Madhya Pradesh Mediation Rules, 2016
21. Confidentiality, disclosure and inadmissibility of information.
(1)when a mediator receives factual information concerning the dispute from any party, he shall disclose the substance of that information to the other party, so that the other party may have an opportunity to present such explanation as it may consider appropriate:Provided that, when a party gives information to the mediator subject to a specific condition that it be kept confidential, the mediator shall not disclose the information to the other party.(2)Receipt or perusal of any document by the mediator or receipt of information orally by the mediator while serving in that capacity, shall be confidential and the mediator shall not be compelled to divulge information regarding the document or record or oral information nor as to what transpired during the mediation.(3)Parties shall maintain confidentiality in respect of events that transpired during the mediation and shall not rely on or introduce the said information in any proceeding as to-(i)views expressed by a party in the course of the mediation proceeding;(ii)documents produced during the mediation which were expressly required to be treated as confidential or other notes or drafts or information given by the parties to the mediators.(iii)proposal made or views expressed by the mediator.(iv)admission made by a party in the. course of mediation proceeding.(v)the fact that a party had or had not indicated willingness to accept a proposal.(4)There shall be no stenographic or audio or video recording of the mediation proceedings.(5)A mediator may maintain personal record regarding progress of the mediation for his personal use.
