SURPRISING OPPONENTS WITH NON-ECONOMIC SETTLEMENT CONDITIONS AT MEDIATION: WHAT COULD GO WRONG?
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SURPRISING OPPONENTS WITH NON-ECONOMIC SETTLEMENT CONDITIONS AT MEDIATION: WHAT COULD GO WRONG?

Two recent emotionally charged mediations have underscored how frustrating first surprising parties with confidentiality/non-disparagement terms at mediation can be.  In each case, plaintiffs were enraged when defendants insisted upon a confidentiality clause near the end of mediation.  One defendant wanted confidentiality in order to preclude negative new media coverage of the case.  In the second…