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Alternative Dispute Resolution

Feb. 24, 2000

Disclosure Doubts

Deciding how much to disclose to the other party in a mediation can be tricky. Page 7.

By Leonard S. Levy
         Parties in mediation often consider two questions: "What should be disclosed to the other side?" and "What should be disclosed to the mediator?" A party does not want to give away too much in negotiation and then, if the case does not settle, lose advantage at trial by revealing information not otherwise known or discoverable. On the other hand, some informat...

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