Confidentiality is the bedrock of mediation. Unless the parties are confident that what they say in joint sessions and, even more importantly, in caucuses with the mediator will not be disclosed outside of the proceeding, mediation as a settlement remedy will fail.

John Delehanty

Unfortunately, many parties and their counsel do not respect the need for confidentiality. Some parties and their counsel use statements made during mediation to gain advantage in collateral litigation.