Section 19 Mediation Is a Confidential Process

• Library: Employment Discrimination 2008

Court rules establishing mediation as an ADR option typically provide that all written and oral communications made in connection with a mediation are confidential. See,e.g., Early Assessment Program, pt. V (U.S. District Court W.D. Mo.); U.S. District Court E.D.Mo.
L.R. 16—6.04; Rule 17.06. The communications, as part of settlement negotiations, are not admissible in evidence and cannot be used at trial. See Fed. R. Evid. 408.

Parties who are not involved in a court-annexed...