Perspective
Nov. 14, 2015
Go on, share with opposing counsel
There are numerous situations where sharing a portion of a mediation brief with opposing counsel can be useful. By Lou Marlin
Mediations are unique in the litigation field in that ex parte communications with the mediator are permitted. The underlying justification for this rule is that it promotes candid communication between attorneys and the mediator, thus increasing the chances of a mutually satisfactory settlement.
With this in mind, the common practice is to designate mediation briefs as "Confidential: Not to be Shared With Opposing Counsel," or...
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