Perspective
May 11, 2013
Mediation privilege: understand state, federal distinctions
Unlike mediation confidentiality, there is no uniform mediation privilege in the federal courts. By Erica Bristol
Imagine the following scenario: A plaintiff in a patent infringement action settles in mediation with one of the defendants. A nonsettling defendant wants to know how the settling parties calculated the reasonable royalty to determine whether the same calculation should be applied. The plaintiff is ordered to produce settlement negotiation documents and communications made during the mediation relating to the royalty calculation. Six months after...
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