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.
I was drawn to mediation because of what I saw as its unique ability to create greater happiness. After taking my first mediation training in 1995, I sensed that through...
By Diane CohenThe entirety of this article was originally published in the Negotiation Journal.Marine Protected Areas are frequently developed in consultation with the full range of stakeholders, but without proper process design,...
By Meredith Cowart, Scott McCrearySummary:This article, written by Greg Relyea, a practicing mediator, outlines the path to becoming a successful mediator. Relyea addresses the need for self-assessment, as well as the growing demand for...
By Gregg Relyea
