In a strongly worded opinion in support of mediation confidentiality, the Indiana Supreme Court vacated the appellate court’s opinion and reversed the exception to mediation confidentiality that the appellate court allowed by permitting evidence from mediation to be admitted for “another purpose,” such as determining whether a mediated settlement agreement should be modified due to mistake. The Supreme Court clarified that admissibility for other purposes was limited to collateral matters unrelated to the mediated dispute. The Supreme Court was unmoved by the appellate court’s assertion that its holding was consistent with the Uniform Mediation Act because Indiana has not adopted the UMA.

Horner v. Carter, No. 34S02-1210-DR-582 (Ind., February 12, 2013)

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