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Alternative Dispute Resolution

Jun. 17, 2011

The 9th Circuit Calls Into Doubt the District Courts’ Mediation Confidentiality Rules

The 9th District raises doubts about the district courts' local rules on mediation confidentiality based on insufficient analysis. By Shirish Gupta


Since this article was submitted, the 9th U.S. Circuit Court of Appeals amended its opinion in The Facebook Inc. v. Pacific Northwest Software Inc., 2011 WL 1843509 (No. 08-16745) to acknowledge that local rules can impose a duty of confidentiality in litigation, including in mediations.

By Shirish Gupta


In the late 1980s and the 1990s, the federal courts were swamped by civil litigation. Courts around the country began to implement pil...

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