NCJ Number
99740
Editor(s)
L Freedman
Date Published
Unknown
Length
328 pages
Annotation
Papers review legal issues regarding the confidentiality of mediation sessions and present legal opinions on confidentiality as well as briefs, motions, and orders on confidentiality.
Abstract
The papers identify confidentiality of mediation sessions as a key ingredient for effective mediation, since the parties' fear that their mediation statements may be used against them in any subsequent litigation will inhibit or even prevent mediation participation. Rules of evidence rendering inadmissible in litigation offers of settlement and compromise are cited as one means of attempting to ensure mediation confidentiality, although the limitations of this rule are noted. The papers also indicate that an agreement signed by the parties and the mediator not to reveal mediation information can be effective in restraining the parties from seeking mediation information in any subsequent litigation. Some of the papers discuss the courts' use of a balancing test in cases that have addressed mediation confidentiality. The balancing test determines whether the harm caused by the disclosure of mediation information outweighs the benefit of its disclosure. Laws designed to ensure mediation confidentiality are also reviewed, and suggestions are offered for effective legislation in this area. The discussion of briefs, motions, and orders on confidentiality focuses on nine cases involving the issue. Footnotes accompany the papers. For individual papers, see NCJ 99741-45.