Bias, Confidentiality, Confidentiality and Transparency, Costs in Mediation, Court Procedure and Litigation, Legal Issues, Legal Practice, Uncategorized
Do Two Wrongs Make it Right?
1. Unlike the arbitral process where courts strive to distinguish between the concepts of a private process and a confidential process, the mediation process is indisputably and inherently confidential. But what happens if one party breaches this confidentiality during the mediation? In formal terms, can the act by one party in breach be treated as…