Caldwell & Kearns, P.C.
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February 2015 Archives

How confidential is mediation?

In our last post, we began speaking about the issue of confidentiality in mediation, specifically the purpose of confidentiality and exceptions to the rule under state law. At the federal level, mediation confidentiality is more tenuous because it is not recognized by all courts. The Third Circuit Court of Appeals has not conclusively recognized the existence of federal privilege for mediation communications, but federal courts in Pennsylvania have recognized such a privilege based on the application the Federal Rule of Evidence 501.

How is mediation confidential?

One of the important benefits of the mediation process, as readers may know, is that it is confidential. In Pennsylvania, this means that communications between parties in mediation and documents that are created for the mediation process may not be used later on in litigation if the mediation fails.

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