[WSBAPT] Disclosing Results of Failed Mediation

[Candace Wilkerson]

I thought ER 408 barred such disclosure.  Not to mention any mediation agreement signed by both sides.

Candace Wilkerson

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Wednesday, March 20, 2019 11:09 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Disclosing Results of Failed Mediation

Listservers:  Long story short:  TEDRA action.  One party invoked mediation.  Mediation failed.  Another party attempts to invoke arbitration.  In resisting the arbitration, a party to the failed mediation states in a pleading to the court that  “Mr. X refused to negotiate in good faith at mediation and is now attempting to wear Parties Z down financially by demanding arbitration.”

Whoa Nellie.   Not only is the statement untrue BUT I thought it was a violation to express anything more than the “mediation failed” but to not assert blame or a cause for the failure.  Isn’t there some rule out there to strike this statement?


[Paul A  Neumiller]



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