Category: privilege
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IS MEDIATION CONFIDENTIAL? IT DEPENDS!
By Leslie King O’Neal Location, Location, Location–Confidentiality Depends on Where the Mediation Occurs Confidentiality is the bedrock of mediation. Parties will not communicate candidly with the mediator unless they know their statements will be confidential. However, there is no uniform mediation confidentiality law applicable in all 50 states, nor is there a uniform federal mediation…
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No “Settlement Privilege” for Expert’s PowerPoint
By Leslie King O’Neal What Happens in Settlement Conferences May Not Stay There “Work Product Privilege” Waived; No “Settlement Privilege” Applicable The court rejected Warrington’s argument that “work product privilege” protected the non-testifying expert’s PowerPoint from discovery, finding he waived the privilege by revealing the PowerPoint to defendant during the settlement conference. The fact that…
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