Mediation Confidentiality: Meaningful but Not Absolute

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul, principals of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that while the promise of confidentiality for mediation materials is broad, it is not sacrosanct, and judges have struggled with defining when and under what circumstances a third party may obtain discovery of mediation materials.

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