Settlements and Negotiations Protected from Discovery in Mediation, But Not Otherwise
May 16, 2014

A federal trial court readily concluded that settlement agreements and settlement negotiations were protected from discovery by a mediation privilege if they took place in mediation, but were not protected if they occurred outside mediation.  The court noted that most courts recognize a federal common law mediation privilege, and that the U.S. Court of Appeals for the Federal Circuit had observed that all states have apparently enacted a mediation privilege, while there is no state consensus regarding...

NJ Court Says Mediation Agreements Must Be in Writing
August 21, 2013

Mediation agreements will not be enforced unless the terms are put in writing and signed by the parties before the mediation comes to a close, the state Supreme Court says. Where the terms are too complex to be drafted that same day, the mediation should be continued for "a brief but reasonable period of time to allow for the signing of the settlement." The bright-line rule is meant to prevent litigation over what occurred at mediation because mediation should help resolve disputes expeditiously,...

Reliance on Attorney Work Product Avoids Mediation Privilege Issue
April 3, 2013

The court did not reach whether a mediation privilege exists because it  determined that affidavits and related documents...