Confidential Mediation Briefs: David L. Winnett Authors Article in Plaintiff Magazine
In his Plaintiff magazine article “What Not to Share,” Attorney David L. Winnett discusses the risks of providing confidential mediation briefs to experts and what to do when the other side crosses the line.
Winnett reiterates that all information, negotiations and discussions in the course of a mediation must remain confidential. In California, “Evidence Code sections 1115 through 1128 provide protection for the confidentiality of mediation proceedings, including all discussions and all materials submitted for mediation,” writes Winnett. Any experts who have reviewed confidential materials should be excluded under the Evidence Code.
“Don’t cut corners on your end by giving the other side’s mediation briefs to your experts,” Winnett adds. “Spend a little extra money to do it right and preserve the viability of mediation confidentiality for future litigants.”