Comments on: Frontiers of Mediator Confidentiality: Can You Reveal That an Offer Was Made? http://businessconflictmanagement.com/blog/2011/07/frontiers-of-mediator-confidentiality-can-you-reveal-that-an-offer-was-made/ Conflict Management Expertise from F. Peter Phillips Fri, 18 May 2012 07:53:33 +0000 http://wordpress.org/?v=2.7.1 hourly 1 By: Business Conflict Blog: Frontiers of Mediator Confidentiality: Can You Reveal That an Offer Was Made? - ADR Toolbox http://businessconflictmanagement.com/blog/2011/07/frontiers-of-mediator-confidentiality-can-you-reveal-that-an-offer-was-made/comment-page-1/#comment-3459 Business Conflict Blog: Frontiers of Mediator Confidentiality: Can You Reveal That an Offer Was Made? - ADR Toolbox Mon, 15 Aug 2011 21:34:20 +0000 http://businessconflictmanagement.com/blog/?p=873#comment-3459 [...] Conflict Blog: Frontiers of Mediator Confidentiality: Can You Reveal That an Offer Was Made? http://businessconflictmanagement.com/blog/2011/07/frontiers-of-mediator-confidentiality-can-you-rev...            ADR Times: Stand Up Comedy: Lessons in [...] [...] Conflict Blog: Frontiers of Mediator Confidentiality: Can You Reveal That an Offer Was Made? http://businessconflictmanagement.com/blog/2011/07/frontiers-of-mediator-confidentiality-can-you-rev…            ADR Times: Stand Up Comedy: Lessons in [...]

]]> By: Michael Carbone http://businessconflictmanagement.com/blog/2011/07/frontiers-of-mediator-confidentiality-can-you-reveal-that-an-offer-was-made/comment-page-1/#comment-3417 Michael Carbone Mon, 08 Aug 2011 20:31:50 +0000 http://businessconflictmanagement.com/blog/?p=873#comment-3417 I think that the mediator should be able to confirm in writing to the plaintiff the fact that the mediator conveyed the offer to the plaintiff's former counsel. The offer was obviously given to the mediator with the intent that it be passed on to plaintiff and plaintiff's counsel, who for some reason dropped the ball. I am speaking purely from an ethical point of view and not commenting on the ramifications of mediation confidentiality law in California, which is where I practice and where we can sometimes get surprising results with regard to the evidence can be admitted (or excluded) concerning communications that took place in and around a mediation. This one could be a close call. I think that the mediator should be able to confirm in writing to the plaintiff the fact that the mediator conveyed the offer to the plaintiff’s former counsel. The offer was obviously given to the mediator with the intent that it be passed on to plaintiff and plaintiff’s counsel, who for some reason dropped the ball.

I am speaking purely from an ethical point of view and not commenting on the ramifications of mediation confidentiality law in California, which is where I practice and where we can sometimes get surprising results with regard to the evidence can be admitted (or excluded) concerning communications that took place in and around a mediation. This one could be a close call.

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