.08 Confidentiality.

A. Mediation shall be confidential pursuant to the terms of the Federal Dispute Resolution Act, 5 U.S.C. §574.

B. In addition to the exceptions in 5 U.S.C. §574, a mediator may disclose information conveyed during the mediation that indicates:

(1) Intent to commit a crime;

(2) Intent to inflict bodily harm on another; or

(3) A threat to the safety of a child.

C. Documents. Except for purposes of meeting reporting and evaluation requirements of the USDA Mediation Program, the Department shall maintain the confidentiality of all mediation records.