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Confidentiality, Competency and Confusion: The Uncertain Promise of the Mediation Privilege in Minnesota

47 Pages Posted: 11 Apr 2013  

Peter N. Thompson

Hamline University - School of Law

Date Written: January 1, 1997

Abstract

This article discusses the scope of and conflict among the various rules, statues, and case decisions governing mediations in Minnesota and ultimately proposes comprehensive legislation to reconcile and provide clarity. Comprehensive legislation is necessary to assure that the legitimate needs of confidentiality in mediation are protected without infringing on other important societal interest. New legislation is necessary so that participants in mediations can easily understand the extent to which their communications in mediations will remain confidential.

Keywords: Evidence of Offers of Compromise, Minnesota Rule of Evidence 408, Mediation Privilege, mediation

JEL Classification: K00, K4, J52

Suggested Citation

Thompson, Peter N., Confidentiality, Competency and Confusion: The Uncertain Promise of the Mediation Privilege in Minnesota (January 1, 1997). Hamline Journal of Public Law and Policy, Vol. 18, p. 329,1997. Available at SSRN: https://ssrn.com/abstract=1944353

Peter N. Thompson (Contact Author)

Hamline University - School of Law ( email )

1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States

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