Originally from Dispute Resolution Journal

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Confidentiality is one of the keys to the acceptability, as well as the success, of mediation among parties to a dispute. Yet, state statutes pertaining to such confidentiality remain inconsistent, when they address the issue at all. A model mediation statute may provide a solution, but at present a uniform approach to confidentiality provisions remains wishful thinking. Its importance, however, cannot be underestimated. Dennis Sharp reviews state statutes that deal with confidentiality and spins some interesting scenarios that highlight the need for any drafting or modifying body to incorporate flexibility and comprehensiveness into its mediation confidentiality laws.