TCMP3 Partners LLP v. Centerpoint Corp. In this case, download file, a motion to enforce confidentiality obligations of information disclosed pursuant to mediation held under Chancery Court Rule 174 was brought in the context of a motion to enforce a Settlement Agreement allegedly reached during mediation. The court determined that Rule 174(d) was clearly violated by the disclosure in the motion of the disputed letter that was sent “in connection with” the mediation. Rule 174(d) provides that “any communication made in or in connection with the mediation that relates to the controversy being mediated, whether made to the mediator or a party, or to any person if made at a mediation conference, is confidential.” There is a carve-out from that protection under subsection (2) as follows: “statements, memoranda, materials and other tangible evidence otherwise subject to discovery, which were not prepared specifically for use in the mediation conference.” The court determined that the letter at issue was specifically prepared for use in the mediation conference. “Mediation conference” is defined in subsection (3) of Rule 174 as follows: “That process, which may consist of one or more meetings or conferences, pursuant to which the mediator assists the parties in seeking a mutually acceptable resolution of their dispute through discussion and negotiation.” Consequently, the court ruled that the letter in dispute was protected by the confidentiality obligations of Rule 174.