COMPROMISE OFFERS AND NEGOTIATIONS

(a) Settlement discussions. Evidence of the following is not admissible— on behalf of any party—either to prove or disprove the validity or 15 amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction: (1) Furnishing, promising, or offering—or accepting, promising to accept, or offering to accept—a valuable consideration in compromising or attempting to compromise the claim; and (2) Conduct or a statement made during compromise negotiations or in mediation about the claim. (b) Mediation. Evidence of conduct or statements by any party or mediator at a mediation session: (1) Undertaken to comply with any statute, court rule, or administrative agency rule; (2) To which the parties have been referred by a court, administrative agency, or arbitrator; or (3) In which the parties and mediator have agreed in writing or electronically to mediate with an expectation of confidentiality; Is not admissible in the proceeding with respect to which the mediation was held or in any other proceeding between the parties to the mediation that involves the subject matter of the mediation for any purpose other than to prove: • Fraud; • Duress; • Other cause to invalidate the mediation result; or • Existence of an agreement.