Below is a provision that can be added to an Agreement to Mediate to preserve and extend mediation contractual confidentiality.
The parties and the mediator acknowledge that artificial intelligence (“AI”) tools may be used in connection with the mediation for administrative and/or substantive support purposes, including (by way of example) scheduling, document organization, note assistance, drafting support, issue identification, communication facilitation, or other mediation-related functions.
By signing this Agreement, the parties and the mediator agree that any such AI-assisted activity, and any information shared with or generated through such AI tools in connection with the mediation, shall be treated as mediation communications and shall remain confidential to the fullest extent permitted by applicable law, the mediation agreement, and any governing mediation confidentiality statutes or rules.
The parties further agree that the use of AI tools in connection with the mediation does not constitute a waiver of mediation confidentiality, privilege, or admissibility protections, and that any outputs generated through such tools are subject to the same confidentiality protections as other mediation communications.
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