Hopefully you have had a chance to listen to ABI’s latest podcast featuring our very own Edward Schnitzer of Womble Bond Dickinson (New York) and Connor Bifferato of The Bifferato Firm (Wilmington, Del.).
In the podcast, Connor and Ed discuss the confidentiality aspect of mediation, citing a recent mediation order that contained a highly unusual provision requiring the chapter 11 debtor to disclose the last offers made in a multi-party mediation by each party, unless otherwise agreed to among the mediation parties. Connor’s and Ed’s analysis of this order is definitely worth a listen, and I’m including a link to the podcast below.
To continue the discussion here on our listserv, are there any situations that justify setting aside the near-sacrosanct confidentiality aspect of mediation? If so, what might be a compelling reason to erode this confidentiality aspect?
Listen to the podcast at https://abi.org/newsroom/mediation-committee-co-chairs-examine-confidentiality-during-inaugural-reframing-mediation-ep-250.