Now that the court is using electronic filing, how is the confidentiality of mediation materials maintained?
Any document electronically filed with the court’s clerk’s office is not confidential and will appear on the court’s electronic docket. The mediators can cause the clerk to remove mistakenly filed confidential documents after the fact, but counsel should exercise care in the first instance to avoid the filing of confidential documents with the court. All messages, correspondence and documents sent to the Mediation Program’s e-mail address or sent to the individual mediators’ e-mail addresses are maintained separately from the court’s electronic filing and case management system and are confidential.
