Episode 12: What Happens in Mediation Stays in Mediation . . . Right?

A bedrock principle for mediation is its confidentiality. Arguments made at mediation are typically not admissible in court. Nationally renowed mediator, Jeff Kichaven, has been virtually touring the country presenting a provocative theme: your mediation might not be confidential. Jeff tells Steve that whether a mediation is confidential is determined by the court hearing an attack on confidentiality and if it is a different forum from where the mediation took place, which Restatement that…