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May the Mediator Invoke Mediation Confidentiality as a Shield in the Face of Participant Waivers During Litigation?

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May the Mediator Invoke Mediation Confidentiality as a Shield in the Face of Participant Waivers During Litigation?

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Section business meeting; election of Council members; presentation by Julie R. Linkins, Court ADR Resources Director at MACRO, who will discuss a pilot project being developed by which mediation participants will be asked to evaluate the mediation process and the mediator at the conclusion of a mediation; and a panel discussion by experienced mediators of the legal basis (if any) for the mediator to invoke mediation confidentiality in response to a court order prompted by waiver of confidentiality by the participants.

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