Mediation Privilege Waiver Agreements

Mediation Privilege Waiver Agreements

Mediation Privilege Waiver Agreements are legal documents that outline the conditions under which parties involved in a mediation may choose to waive the confidentiality typically afforded to communications made during the mediation process.

Mediation is a form of alternative dispute resolution whereby a neutral third party, the mediator, facilitates discussions between disputing parties to help them reach a mutually acceptable resolution. A significant aspect of mediation is the principle of confidentiality, which encourages open and honest communication. This confidentiality is often protected under various laws and rules governing mediation, preventing the disclosure of discussions during mediation in any subsequent legal proceedings.

A Mediation Privilege Waiver Agreement is created when parties agree, either before or during the mediation process, to allow certain communications made in mediation to be admissible in court or other legal contexts. This may be beneficial in situations where one party wishes to use statements made during mediation to support their case or to address issues of bad faith or fraudulent conduct.

For example, if a mediator helps two business partners resolve a dispute over a contract, but one partner later decides to sue the other claiming fraud based on statements made during the mediation, a Mediation Privilege Waiver Agreement could allow for the admission of those statements as evidence in court.

These agreements should be approached with caution, as waiving mediation privilege can undermine the very purpose of mediation by discouraging parties from speaking freely. Legal counsel is typically advised to ensure all parties fully understand the implications of waiving such privileges.