Greenberg Article on Confidentiality in Mediation

Professor Elayne E. Greenberg has published Confidentiality: The Illusion and the Reality—Affirmative Steps for Lawyers and Mediators to Help Safeguard Their Mediation Communications, NYSBA, New York Dispute Resolution Lawyer, Spring 2013, Vol. 6, No. 1.  Here is an excerpt:

Experience teaches us that mediation communications have a greater likelihood of remaining confidential if the ensuing mediation satisfies the mediation and confidentiality expectations of all the participants. A strengthened mediation structure that promotes party self-determination and a well-thought-out confidentiality agreement are essential steps that contribute to safeguarding those expectations and withstanding future legal challenges to mediation.

 

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