Who holds the privileges created by the UMA?
The mediator, all parties, and any other people present at the mediation (such as attorneys) have a privilege in varying degrees under the UMA to stop other people from revealing what was said at a mediation. A participant in the mediation (a party whose decision is necessary to an agreement) has a privilege against disclosure of his or her mediation communications, and may prevent any other person from disclosing any mediation communication. The mediator holds a privilege against disclosure of a mediation communication, and may prevent another person from disclosing the mediator’s own mediation communications. A nonparty participant (usually an attorney in a litigated case, but also a family member, expert, or other support person) may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of that nonparty participant.
Related Questions
- How can the ICM restrict inmate’s phone privileges or prevent certain destination numbers from being called by inmates?
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