Comments: Some New Thoughts about Mediation Confidentiality

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Victoria Pynchon, Los Angeles CA     08/26/06
Confidentiality from the Mediator's Perspective
Thanks for this thoughtful and well written article, Jeff. Just last week, an attorney BEGGED me to submit a declaration to the Court attesting to the parties' good faith attempts to resolve a matter because the trial date was swiftly approaching and all parties wanted a continuance (but also wanted to blame the request on their opponent). I was happy to be able to cite Foxgate, saying I could only report that the mediation had been completed with no agreement, saving me from getting caught up in the attorneys' tug of war about the relative good faith of their clients. On this issue, I like the bright-line rule.