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.

United States, Negotiation, mediation and arbitration, Confidential communications

---

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.

Interpretation and construction, Constitutional law, Constitutional interpretation

---

Similar abstracts:

• Abstracts: The right to education under the South African Constitution. Judicial redistricting and the Article 1 state legislature
• Abstracts: The jurisprudence of legitimacy: applying the Constitution to U.S. territories. Self-defense and subjectivity
• Abstracts: RPE: a false sense of security? How a computer can help the safety practitioner
• Abstracts: Public deliberation, affirmative action, and the Supreme Court. Who measures the chancellor's foot? The inherent remedial authority of the federal courts
• Abstracts: The use of supermajority voting rules in corporate America: majority rule, corporate legitimacy, and minority shareholder protection

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.