(1) All mediation proceedings under ORS § 107.755 to 107.795 shall be held in private, and all persons other than mediation services personnel, the parties, their counsel and children of the parties shall be excluded.

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(2) All communications, verbal or written, made in mediation proceedings shall be confidential. A party or any other individual engaged in mediation proceedings shall not be examined in any civil or criminal action as to such communications and such communications shall not be used in any civil or criminal action without the consent of the parties to the mediation. Exceptions to testimonial privilege otherwise applicable under ORS § 40.225 to 40.295 do not apply to communications made confidential under this subsection.

(3) All records of the court with respect to mediation proceedings shall be closed except for:

(a) Records reflecting which cases have been referred for mediation under ORS § 107.765 (1);

(b) The mediator’s report to the court made under the provisions of ORS § 107.765 (2); and

(c) Information used to compile statistical data. [1983 c.671 § 5; 1995 c.273 § 19]