Alternative Dispute Resolution: Mediation Proceedings: Cloaked in Confidence?

More than 80 percent of mediated disputes settle. One of the reasons mediation works so well is that participants rely on and benefit from the confidential nature of the process.

Confidentiality promotes settlement discussions through an open sharing of information. Without confidentiality, parties may fear that information gained during or arising out of the mediation will later be exploited or used in court. Are parties and their counsel right in their belief that such information will be regarded as sacrosanct and absolutely protected from disclosure?

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