June 4, 2019

Are Negotiations Between Parties During the Mediation Process Without the Mediator’s Participation Protected by the Mediation Privilege?

Josh Fruchter
When disputes enter into mediation, there are meetings and communications between the parties and the mediator, but after a mediation session ends, the parties may continue to negotiate independently by meeting and communicating between themselves outside the mediator’s presence. When and to what extent are those independent negotiations (conducted without..
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