Describe the level of confidentially typically given to mediation sessions and agreements by state law [either typical state or student's state of residence], and the purpose of confidentiality
What will be an ideal response?
State laws typically require that the mediator be neutral and have had nothing to do with the
case either before or at the conclusion of mediation. A mediator cannot be forced to testify
in court about anything that has transpired in the case or the mediation. Even when a
mediator chooses to testify, a party can prevent a mediator from giving testimony. In
addition, offers to settle a claim (or refusal to accept an offer) during mediation are not
admissible by either party as evidence of anything. The purpose of confidentiality statutes is
to promote the free and unencumbered use of negotiation and ADR to settle disputes prior to
a trial on the merits.
You might also like to view...
A lease is an express contract between the parties in which real property is demised by the lessor to the lessee
a. true b. false
Superogatories have to do with:
a. duties b. virtues c. laws d. meta-ethics
Under the ____________________ exception, one who entrusts work to an independent contractor, but who maintains control over any part of the work, is liable for the physical harm to others caused by the independent contractor's negligence.
Fill in the blank(s) with the appropriate word(s).
The purpose of a bench conference is usually to clarify a legal point or to discuss something outside the hearing of the jury
a. True b. False