Confidentiality, Competency and Confusion: The Uncertain Promise of the Mediation Privilege in Minnesota
47 Pages Posted: 11 Apr 2013
Date Written: January 1, 1997
Abstract
This article discusses the scope of and conflict among the various rules, statues, and case decisions governing mediations in Minnesota and ultimately proposes comprehensive legislation to reconcile and provide clarity. Comprehensive legislation is necessary to assure that the legitimate needs of confidentiality in mediation are protected without infringing on other important societal interest. New legislation is necessary so that participants in mediations can easily understand the extent to which their communications in mediations will remain confidential.
Keywords: Evidence of Offers of Compromise, Minnesota Rule of Evidence 408, Mediation Privilege, mediation
JEL Classification: K00, K4, J52
Suggested Citation: Suggested Citation