When, some months after an unsuccessful mediation, defense counsel joined the law firm at which the mediator practiced, plaintiff sought to have defense counsel disqualified. But a Minnesota appeals court concluded that despite a lack of formal screening procedures between the mediator and defense counsel, sufficient separation existed where no confidential information had been
disclosed to the mediator in the mediation, he never shares any confidential information from mediation sessions with anyone in the firm, and he always keeps his mediation files securely stored outside the law firm.
Bradley v. Kelley, No. A13-0063 (C.A. Minn., July 21, 2014)
