Mediation Communications Are Protected, to a Point

How the mediation privilege impacts attempts to enforce oral settlement agreements allegedly reached in a private session

, New Jersey Law Journal


In order to encourage candor in mediation proceedings, New Jersey has adopted a broad and robust mediation privilege that protects against the disclosure of mediation communications in later legal proceedings. However, the privilege is not absolute and can be waived, so it is important for practitioners to understand how the privilege operates, how the privilege can be waived and what steps can be taken to prevent the disclosure of mediation communications.

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Originally appeared in print as Mediation Communications Are Protected, to a Point

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