Confidentiality Of Settlement Negotiations

Settlement negotiations in a contested case are confidential, unless all participants to the negotiation agree to the contrary in writing. Facts disclosed, offers made and all other aspects of negotiation (except agreements reached) in IDAHO ADMINISTRATIVE CODE IDAPA 37.01.01 Department of Water Resources Procedure Rules of IDWR & Water Resource Board Section 611 Page 18 settlement negotiations in a contested case are not part of the record unless ordered by the presiding officer upon a stipulation by all parties to a contested case. If the parties to a contested case participate in mediation, I.R.E. 507 applies and the mediation privilege is recognized. (3-18-22)