In this article, Jenner & Block Partner Richard F. Ziegler examines recent cases and developments in mediation confidentiality to help mediators and parties avoid the potentially destructive risk of a challenge to their mediation process. Mr. Ziegler explains how many states have explicitly protected mediation confidentiality by statute, but that no confidentiality protection is ironclad. Mediators and participants must be aware of the instances where issues have emerged so that they can protect the mediation process, preserve the perception and reality of the mediator’s neutrality and avoid the risk of disclosure. In the article, Mr. Ziegler identifies the areas that pose the greatest risks to mediation confidentiality.
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