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Mediation Confidentiality
by Holly Hayes A recent post on the “bad faith mediation” section of Texas HB 2256 has prompted comments and discussion regarding the confidentiality of mediation. Texas mediators operate under the...
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2009 Developments in Mediation: Mediation Confidentiality
by Holly Hayes Our August post on the “bad faith” mediation section of Texas House Bill 2256 (read more about the bill here) that requires the mediator to report bad faith mediation to the insurance...
View ArticleAdjunct Law Prof Blog: Mediation Privilege Recognized In Ohio
Professor Mitchell H. Rubinstein at the Adjunct Law Prof discussed last week this mediation confidentiality case: Anthony v. Andrews, 2009 WL 4547605 (Ohio Ct. App. Dec. 4, 2009), is an interesting...
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GUEST-POST PART II | Questions Clients Have about Mediation: What are the...
By Kent B. Scott and Cody W. Wilson Clients always want to know the advantages and disadvantages of mediation. Without this information it would be difficult to decide whether to mediate. Here is a...
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California Supreme Court Holds Attorney-Client Communications Related to...
The California Supreme Court has ruled that private attorney-client communications related to a mediation remain confidential communications protected by California’s Evidence Code even during a legal...
View ArticleLaw Review Article | Keeping a Secret from Yourself? Confidentiality When the...
Kristen Blankley, Assistant Professor at the University of Nebraska College of Law recently authored and interesting and useful article entitled Keeping a Secret from Yourself? Confidentiality When the...
View ArticleNinth Circuit Affirms Mediated Facebook Settlement
The Ninth Circuit Court of Appeals has enforced a mediation confidentiality agreement and refused to nullify a mediated settlement agreement. In Facebook v. ConnectU, Inc., No. 08-16873, (9th Cir.,...
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Is Mediation Confidential in Texas?
By Brett Goodman The Texas ADR Act, provides for very broad confidentiality in mediation procedures. Section 154.073 states in relevant portion that: (a) Except as provided by Subsections (c), (d),...
View ArticleTenth Circuit Dismisses Lawsuit Due to Plaintiff’s Violation of Mediation...
In Hand V. Walnut Valley Sailing Club, No. 11-3228 (10th Cir. April 4,2012) plaintiff is a former member of defendant sailing club. Soon after plaintiff complained that his storage shed at the club...
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Protecting Confidential Information in Commercial Mediations
Paul M. Lurie, Partner at Schiff Hardin LLP, and Sharon Press, Professor at Hamline University School of Law, have published Protecting Confidential Information in Commercial Mediations, Dispute...
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