1. a. Information created, collected, or maintained, by the North Dakota mediation
service, in the course of any formal or informal mediation, is confidential and not
subject to the open records requirements of section 44-04-18. The information may be released only upon the written consent of all parties to
the mediation or pursuant to an order issued by the court upon a showing of good cause.
b. (1) Mediation communication is confidential and not subject to the open records
requirements of section 44-04-18. Mediation communication may be released only upon the written consent of all parties
to the mediation or pursuant to an order issued by the court upon a showing of good
(2) For purposes of this subdivision, “mediation communication” means a written statement, and an oral statement or any nonverbal communication,
either of which must be inscribed on a tangible medium or stored in a medium that
is retrievable in perceivable form, provided the communication occurs during a mediation
or is made for purposes of considering, initiating, conducting, continuing, or reconvening
2. All mediation meetings and meetings involving the board, negotiators, mediators,
or other personnel are confidential, closed meetings and are not subject to the open
meetings requirements of section 44-04-19.
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