The many faces of mediation confidentiality
Article Abstract:
Mediation confidentiality laws need to be rewritten to provide consistency among states and flexibility for different situations that arise. The most important consideration is that statements made by participants in mediation will not be held against them in subsequent legal proceedings. The degree of seriousness differs depending on whether the subsequent proceeding is arbitration or criminal litigation. The consensus is public interest in allowing mediation outweighs subsequent evidentiary interest, but there may be exceptions and mediators should make sure they are not legally liable for them.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1998
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Mediation and the Constitution
Article Abstract:
Citizens may waive specific constitutional rights in choosing mediation over a trial, but they fulfill other significant constitutional imperatives. They may waive rights to discovery and to present evidence. They fulfill the constitutional imperative to pursue happiness. Mediation also fulfills the constitutional objective to create a just and tranquil society.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1998
User Contributions:
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