12:20:03:09Conduct

at mediation sessions. Mediation sessions shall be conducted as follows: (1) Mediation sessions are under the control of the mediator; (2) The mediator must hold in strict confidence all information provided by the parties to the mediation, except as otherwise agreed to by the parties or provided by state law; (3) All parties must have the opportunity to speak and state their positions. The mediator may allow parties to offer evidence and present testimony from third parties; (4) Legal counsel may be present and advise clients regarding legal rights and the implication of proposed solutions; (5) All parties to the proceedings must make a good faith effort to resolve the dispute.

Source: 42 SDR 31, effective September 8, 2015.