Monday, November 17, 2003
The question of how to codify a mediation privilege is something that has been kicking around a while now. I'm almost religious in my belief in the mediation process, and why not? The results I have seen have approached miraculous. It seems to me that the court here did not need to assert that the privilage exists under federal common law-- whatever that is-- and could have simply held the parties to have been bound by the terms of the mediation agreement. Still, it seems like the right result.
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