Confidentiality comes at a cost

Article Abstract:

The Virginia Supreme Court held, in Snyder-Falkinham v. Stockburger, that the confidentiality of mediation documents would only be protected if the parties initially agreed or the confidentiality was supported in trial court. The problem raised in the case was the enforceability of an agreement to which both parties allegedly agreed when one party later said she had not agreed. The trial court permitted mediation documents to be admitted as evidence to indicate the need to enforce the agreement and the Supreme Court held that the confidentiality should have been raised at that point.

Virginia, Compromise and settlement, Cases, Settlements (Law), Confidential communications, Mediation

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Mass torts: now ripe for mediation; although they typically involve complicated technical issues, such cases still can be resolved more effectively outside of court

Article Abstract:

Mediation can be an effective way of resolving mass tort suits. Resolving these claims through the jury system is complicated by issues including vague liability and complex, large amounts of expert evidence. The complex issues can be almost impossible for juries to understand. Such cases tend to be very expensive and mediation is cheaper, allows the parties to communicate and to have some control over the results. Mass tort suits seem a cost of doing business in the US and mediation is a way of resolving such disputes.

Management, Mass tort suits

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Attorney-mediators face important ethical issues

Article Abstract:

Attorneys who also function as mediators have important ethical questions to consider. Lawyers' confidentiality may conflict with a mediator's duty to report legal misconduct. A conflict of interest may arise if the mediator would later represent a subject as a lawyer. Model rules and case law are discussed.

Legal services, Attorneys, Offices of Lawyers, Analysis, Lawyers, Ethical aspects, Legal ethics, Arbitrators

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