(1) Article XII, Section 9, of the 1972 Constitution of the State of Montana provides for the right of all citizens to participate in the deliberations of public agencies, except where "the demand of individual privacy clearly exceeds the merits of public disclosure." If any party to an alternative dispute resolution proceeding requests that confidentiality be observed as to any part, or all of the proceeding, they must make a request to the council in the sworn complaint referenced in ARM 4.12.3202, or in the response referenced in ARM 4.12.3203. The council and the department will balance the privacy interests with the right to participate and advise the parties before proceeding whether the dispute resolution will be kept confidential. In the event the proceeding is determined open, then the complaining, or responding party reserves the right to withdraw the complaint or response, or any part thereof, before any disclosure is made.