Gillette Mediation — Confidentiality & Client Submissions Policy
To ensure that Gillette Legal Services, PLLC d/b/a Gillette Mediation (“Gillette Mediation”) and its affiliated mediators comply with applicable confidentiality and privacy requirements, including Business Associate Agreement (“BAA”) obligations with client firms, the following policies apply to all materials submitted for mediation proceedings.
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Safeguarding Confidential and Protected Information
Gillette Mediation and its affiliated neutrals will use and maintain appropriate administrative, physical, and technical safeguards to protect all confidential materials, including any Protected Health Information (“PHI”) provided by client firms, counsel, or participants.
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Restrictions on Duplication or Distribution
Materials submitted for Gillette Mediation proceedings may not be copied, forwarded, reproduced, or otherwise distributed to any third party without the express authorization of the submitting party or its representative(s).
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Confidentiality in Electronic Communications
All electronic correspondence from Gillette Mediation and its neutrals includes confidentiality language intended to prevent privileged or protected materials from being disclosed to unauthorized recipients.
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Notice of Erroneous Disclosure
If Gillette Mediation becomes aware of any unauthorized disclosure of confidential materials or PHI, it will promptly notify the affected party and take corrective action as appropriate to mitigate any potential harm.
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Subpoenas and Requests for Records
Gillette Mediation and its neutrals will not cooperate — except as required by law — with any effort to subpoena or obtain mediation records, notes, or work product. All such materials are confidential and protected under applicable mediation privilege statutes and court rules.
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Disclosure Between Parties
Gillette Mediation and its neutrals will not provide materials containing PHI or other confidential information to any other party in the mediation unless specifically authorized to do so by the submitting party or as required by law.
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Retention and Disposal of Materials
Unless a party specifically requests that its submissions be returned (at that party’s expense), it is Gillette Mediation’s policy to securely destroy mediation materials after the conclusion of the matter. Hard-copy materials are shredded using a professional shredding service. Electronic materials are permanently deleted from secure storage.