SFUSD ADR: STIPULATION REGARDING CONFIDENTIALITY
San Francisco Unified School District partners with the Bar Association of San Francisco for Alternative Dispute Resolution (ADR) services.  A Collaborative Conference is an ADR strategy.  This form assures parties of a mutual understanding of the confidentiality agreements stipulated below.  


Email *
All communications during the collaborative conference and collaborative conference consultation shall remain confidential pursuant to mediations under California Evidence Code §§ 1115-1128.
Evidence Code § 1119 provides as follows:
§ 1119 Written or oral communication during mediation process; admissibility Except as otherwise provided in this chapter:

(a) No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given.

(b) No writing, as defined in Section 250, that is prepared for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation, is admissible or subject to discovery, and disclosure of the writing shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given.

(c) All communications, negotiations, or settlement discussions by and between participants in the course of a mediation or a mediation consultation shall remain confidential.
1. This collaborative conference process is to be considered resolution negotiations for the purpose of all state and federal rules protecting disclosures made during such process from later discovery and/or use in evidence. *
2. Without the consent of all persons who participated in the collaborative conference, anything said or any document prepared during the collaborative conference is not admissible in evidence, or subject to discovery and shall not be compelled, in any civil action, administrative adjudication or other noncriminal proceeding in which testimony can be compelled. *
3. The participants in a collaborative conference agree not to call the facilitator to testify or obtain his notes concerning the collaborative conference or collaborative conference consultation, for any civil action, administrative adjudication or other noncriminal proceeding. Any files or notes created or maintained by the Facilitator are solely for the Facilitator’s use and shall be destroyed following termination of the collaborative conference. *
4. Any written settlement agreement prepared during or at the conclusion of the collaborative conference is subject to disclosure, binding, enforceable, and admissible to prove the existence of and/or to enforce the agreement under California Code of Civil Procedure §664.6, if applicable, or otherwise. *
5. The facilitator is serving as a neutral intermediary and settlement facilitator and may not act as an advocate for any party. The facilitator's statements do not constitute legal advice to any party.  Accordingly, the participants are strongly encouraged to seek legal advice from their own counsel. If the facilitator assists in preparing a settlement agreement, each participant is advised to have the agreement independently reviewed by their own counsel before executing the agreement. *
6. The participants agree the Facilitator will have no liability for any act or admission in connection with or arising out of the collaborative conference, regardless of the outcome of the collaborative conference. *
7. Recording or broadcasting meetings and other conversations related to this agreement, whether taking place in person, or by telephone, video conference, or through any online technology (together referred to as “online meetings”) is strictly prohibited, unless it had been agreed upon by all parties involved. Participants pledge that no unidentified or unauthorized parties are present during online meetings. *
Facilitator's Name: *
Student's name (last, first) *
Your Last Name *
Your First Name *
Your Title/Role *
Date *
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