Section 26-C2715. CONFIDENTIAL INFORMATION

 

2715.1Except for the documents required to be recorded in subsection 2701.4, any other publicly available information, and financial information included on a Notice of Intention to Foreclose a Residential Mortgage (Form FM-5), any financial statement or information provided to the Mediation Administrator, Mediator, or mediation parties during the course of mediation in accordance with this chapter shall be confidential and shall not be available for public inspection.

 

2715.2Any financial statement or information obtained during mediation and designated as confidential pursuant to this section shall not be used for purposes other than mediation except if the information can be obtained from sources outside of the mediation.

 

2715.3Information discussed in or obtained during a mediation session shall not be used in any legal proceeding except for actions to enforce the Act or this chapter, or if the information can be obtained from sources outside of the mediation.

 

2715.4A Mediator cannot be sued or subpoenaed in any legal proceeding.

 

 

authority

The Commissioner of the Department of Insurance, Securities and Banking (Department), pursuant to the authority set forth in Mayor’s Order 2011-51, dated March 2, 2011, and section 539b(i) of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1189; codified in scattered sections in the D.C. Official Code), as amended by the Saving D.C. Homes from Foreclosure Amendment Act of 2010, effective March 12, 2011 (D.C. Law 18-314; D.C. Official Code §§ 42-815, et seq. (2011 Supp.)), and further amended by the Saving D.C. Homes from Foreclosure Temporary Amendment Act of 2011, effective November 26, 2011 (D.C. Law 19-41; 58 DCR 8686) (Act) or any succeeding similar legislation.

source

Emergency and Proposed Rulemaking published at 58 DCR 2958 (April 8, 2011)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 58 DCR 8247 (September 23, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 11469 (December 30, 2011).