Delaware Code Title 11. Crimes and Criminal Procedure § 9503. Confidentiality

(a) All memoranda, work notes or products, case files or programs, and data collected under this chapter are confidential and privileged.  This information is not subject to disclosure in any judicial or administrative proceeding.

(b) Confidentiality under subsection (a) of this section may be waived if a court or administrative tribunal determine that the materials were submitted by a participant to the program for the purpose of avoiding discovery of the material in a subsequent proceeding.

(c) Any communication relating to the subject matter of the resolution made during the mediation process by any participant, mediator, or any other person is a privileged communication.  It is not subject to disclosure in any judicial or administrative proceeding unless all parties to the communication waive the privilege.

(d) To the extent that the communication in subsection (c) of this section may be relevant evidence in a criminal matter, the privilege and limitation of evidentiary use does not apply to any communication of a threat that injury or damage may be inflicted on any person or on the property of a party to the dispute.

(e) Nothing in this section prevents the Victim-Offender Alternative Case Resolution Committee from obtaining access to any information it deems necessary to administer this chapter.