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  • Essay / Protection of mediation communications - 3054

    I. INTRODUCTIONMediation has become an effective and popular form of dispute resolution over the past decade. Specifically, between 2005 and 2008, in Georgia, there were 523 mediated settlements out of a total of 763 cases. As part of this informal process, the mediator, as a third and neutral party, encouraged an in-depth discussion of the facts, feelings, issues, underlying interests and possible solutions to the conflict between the parties. Additionally, mediation referred to the philosophy in which parties voluntarily reached an agreement through a process of cooperation and compromise without declaring winner and loser. The mediation privilege to protect mediation communications is one of the key factors in the successful implementation of mediation. This privilege provides that all parties may refuse to disclose mediation communications in advance or as evidence. Additionally, these communications include all oral and written communications and conduct that occur as part of the mediation proceeding, and the parties have prepared these communications for the purpose of, during, or following the mediation. For the parties, this privilege can improve the quality and quantity of communications, which subsequently improves the chances of reaching an acceptable resolution to their dispute. This is because they can communicate honestly and frankly without worrying about whether what they say may be admitted in later proceedings, for example if mediation fails. For mediators, this privilege can allow them to advance the negotiation process by revealing certain sensitive communications. However, the mediation privilege intended to protect mediation communications is not an absolute rule. In certain circumstances, it will no longer be a privilege if the heart of the newspaper admitted that he was having an affair with another woman. Then the case goes to court due to the failure to settle during mediation. Can the wife ask for a greater share of property than her husband because she claims that the divorce is due to her husband's fault since he is having an affair with another woman, and this fact is revealed during the mediation? Do courts protect communications containing husband's confessions during mediation?IV. CONCLUSIONIn Washington courts, the mediation privilege always protects communications before, during, and after mediation to the extent that they relate to and further the mediation process. Further, not all parties waive and exclude the privilege, or communications are subject to one of the exceptions to the privilege. Therefore, these communications cannot be discovered or admissible as evidence in the courts of Washington...