In addition, under contract law the courts may make exceptions to enforcement for public policy reasons. See, e.g., Equal Employment Opportunity Commission v. Astra USA, 94 F.3d 738 (1st Cir. 1996). Such agreements are typically not enforceable by non-signatories. They are also not enforceable if they conflict with public records requirements. See, e.g. Anchorage School Dist. v. Anchorage Daily News, 779 P.2d 1191 (Alaska 1989); Pierce v. St. Vrain Valley School District, 1997 WL 94120 (Colo. Ct. App. Div. 1 1997). The use of mediation communications as evidence in proceedings is governed by Section 4-7, and the signatories of a confidential agreement cannot expand the scope of the privilege.

§10009. Mediator's disclosure of conflicts of interest; background

1.__Conflicts of interest; inquiry; disclosure.__Before accepting a mediation, an individual who is requested to serve as a mediator shall:

A.__Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and

B.__Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.

2.__Disclosure after accepting mediation.__If a mediator learns any fact described in subsection 1, paragraph A after accepting a mediation, the mediator shall disclose it as soon as is practicable.

3.__Disclosure of qualifications.__At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.

4.__Privilege unavailable.__A person that violates subsection 1, 2, 3 or 7 is precluded by the violation from asserting a privilege under section 10004.