Abstract

http://ssrn.com/abstract=289402
 
 

Footnotes (126)



 


 



The Quest for Uniformity in Mediation Confidentiality: Foolish Consistency or Crucial Predictability?


Ellen E. Deason


Ohio State University (OSU) - Michael E. Moritz College of Law and Mershon Center for International Security


Marquette Law Review, Vol. 85, P. 79, 2001

Abstract:     
This article explores the importance of confidentiality in mediation, the need for uniformity in parties' expectations for that confidentiality, and the confidentiality protections of the Uniform Mediation Act (UMA) adopted by the National Conference of Commissioners on Uniform State Laws in August 2001. Professor Deason argues that confidentiality is important for three separate reasons: to promote communication with the mediator and the adversary party; to maintain the neutrality of the mediator; and, in litigation, to keep mediation and judicial functions separate. She maintains that in order for confidentiality to have its desired effects during mediation, parties must be able to anticipate the protections that would apply in later litigation. The current variability in confidentiality protection among jurisdictions, the multiple forum options that are frequently available, and the overwhelming uncertainties in applicable law-in terms of both choice of law and courts' interpretations of poorly drafted and ambiguous provisions-combine to make predicting confidentiality difficult and unrealistic. Uniformity in state confidentiality provisions would largely bypass these problems and is the only practical approach for improving predictability. Professor Deason closes by discussing the close, and sometimes controversial, policy calls embodied in the UMA privilege, in particular the exceptions that call for judicial balancing. She concludes that states should look beyond their current individual policy choices to the contribution uniformity would make in the overall climate for mediation.

Number of Pages in PDF File: 22

Accepted Paper Series


Download This Paper

Date posted: November 20, 2001  

Suggested Citation

Deason, Ellen E., The Quest for Uniformity in Mediation Confidentiality: Foolish Consistency or Crucial Predictability?. Marquette Law Review, Vol. 85, P. 79, 2001. Available at SSRN: http://ssrn.com/abstract=289402 or http://dx.doi.org/10.2139/ssrn.289402

Contact Information

Ellen E. Deason (Contact Author)
Ohio State University (OSU) - Michael E. Moritz College of Law and Mershon Center for International Security ( email )
55 West 12th Avenue
Columbus, OH 43210
United States
614-688-5794 (Phone)
614-688-8422 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 5,009
Downloads: 330
Download Rank: 50,768
Footnotes:  126

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.266 seconds