All communications in the course of a mediation or in any subsequent discussions are kept confidential. Nothing said during the discussions is placed in the record or disclosed by anyone to anyone not participating in the mediation. Counsel and parties may not refer to or quote any statement made during the course of mediation discussions in their briefs or at oral argument or in any proceeding in any other court. Furthermore, they may not share the content of these discussions with anyone outside the mediation, such as reporters or other members of the media. 10th Cir. R. 33.1(D). See Clark v. Stapleton Corp., 957 F.2d 745 (10th Cir. 1992). Discussions under 10th Circuit Rule 33.1 may not be recorded by counsel or the parties.