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e. a court determines that such testimony or disclosure is necessary <br /> to-- <br /> i. prevent a manifest injustice; <br /> ii. help establish a violation of law; or <br /> iii. prevent harm to the public health and safety, of sufficient <br /> magnitude in the particular case to outweigh the integrity of dispute <br /> resolution proceedings in general by reducing the confidence of <br /> Parties in future cases that their communications will remain <br /> confidential; <br /> f. the dispute resolution communication is relevant to determining the <br /> existence or meaning of an agreement or award that resulted from <br /> the dispute resolution proceeding or to the enforcement of such an <br /> agreement or award; or <br /> 9. except for dispute resolution communications generated by the <br /> neutral, the dispute resolution communication was provided to or <br /> was available to all Parties to the dispute resolution proceeding. <br /> 6. Any dispute resolution communication that is disclosed in violation of <br /> these rules shall not be admissible in any proceeding relating to the issues <br /> in controversy with respect to which the communication was made. <br /> 7. The Parties may agree to alternative confidential procedures for <br /> disclosures by a neutral. Upon such agreement the Parties shall inform <br /> the neutral before the commencement of the dispute resolution <br /> proceeding of any modifications that will govern the confidentiality of the <br /> dispute resolution proceeding. <br /> 8. If a demand for disclosure by way of discovery request or other legal <br /> process is made upon a neutral regarding a dispute resolution <br /> communication, the neutral shall make reasonable efforts to notify the <br /> Parties and any affected non-Party participants of the demand. Any Party <br /> or affected non-Party participant who receives such notice and within 15 <br /> caI endar days does not offer to defend a refusal of the neutral to disclose <br /> the requested information shall have waived any objection to such <br /> disclosure. <br /> 9. Nothing in this section shall prevent the discovery or admissibility of any <br /> evidence that is otherwise discoverable, merely because the evidence <br /> was presented in the course of a dispute resolution proceeding. <br /> decision by the Division of Water Resources to use or not to use a <br /> dispute resolution proceeding under this subchapter shall be committed to <br /> 8 <br />