Credit: fizkes/Shutterstock.com Using Mediation Disclosures for Litigation Advantage: The Slippery Slope of Mediation Confidentiality
Confidentiality is the bedrock of mediation. Parties must be able to feel confident that what they say in mediation will not be disclosed outside of the proceeding. That said, many parties and their counsel use statements made during mediation to gain advantage in litigation. This article discusses the several reasons for this and why the issues must be addressed by mediation institutions, the courts and the mediation bar.
April 17, 2023 at 10:00 AM
5 minute read
Expert Analysis
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.
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