§ 1406.2. Terms of service for mediation, facilitation, and other alternative dispute resolution services.
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/us/cfr/t29/s§ 1406.2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The following Terms of Service additionally apply when the FMCS service is a mediation, facilitation, training, and other alternative dispute resolution service.
(a)These services are voluntary processes that may be terminated at any time unless otherwise provided by statute or by agreement.
(b)The neutral has no authority to compel resolution.
(c)These services are confidential to the extent allowed by law. The obligations imposed by these terms and conditions are in addition to and do not supersede any obligations imposed by applicable state or Federal laws regarding mediation confidentiality.
(d)The parties agree that they will not record, transcribe, save, or otherwise capture any audio, video, files, documents, chat texts, or any other data that they would not have access to but for the service being provided, unless agreed to by all parties and with prior written approval of FMCS, or as otherwise required by law. They further agree to notify the neutral immediately if recordings, saves or other captures of data occur, to ensure that no further distribution or transfer occurs, and to immediately and permanently delete them.
(e)Non-parties may attend only with the agreement of the parties and the neutral unless otherwise required by law and are bound by these terms of service.
(f)If a party inadvertently gains access to any confidential discussions involving another party, the party with inadvertent access shall immediately disclose their presence and exit from the confidential discussions. Any confidential information inadvertently disclosed may not be used by the party with inadvertent access, even within the confines of the alternative dispute resolution session.
(g)The parties agree not to subpoena or compel the neutral to testify or produce any documents provided by a party in any administrative or judicial proceeding. The neutral will not voluntarily testify or produce documents on behalf of a party in any administrative or judicial proceeding unless otherwise required by law.