Tax,
Litigation & Arbitration
Jul. 14, 2022
Tax consequences of confidentiality and non-disparagement clauses in personal injury cases in the mediation context: a practicum
Confidentiality provisions are increasingly common in personal injury cases. Plaintiffs’ lawyers must take precautions to protect their clients from the potentially adverse tax consequences that come with the inclusion of confidentiality provisions in settlement agreements, including those reached in mediation.
Mediation has become a staple of civil litigation. The Uniform Mediation Act broadly defines “mediation” to mean any “process in which a mediator facilitates communications and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.” (Uniform Mediation Act § 2(1).) Thus, the goal of mediation in most cases is to resolve the matter brought to the mediator by the parties. There are considerations that the mediator must take...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In