ADR Confidentiality & Privilege in ADR

Question 1

What is the primary purpose of confidentiality protections in mediation?

Accepted Answer

To encourage open and honest communication between parties

Answer

To prevent courts from learning about the dispute

Answer

To protect mediators from professional liability

Answer

To ensure settlements are automatically enforceable

Question 2

Under the Uniform Mediation Act (UMA), who generally holds the privilege to refuse disclosure of mediation communications?

Accepted Answer

The mediator, parties, and nonparty participants

Answer

Only the mediator

Answer

Only the parties to the dispute

Answer

Only the party who made the communication

Question 3

Which of the following typically constitutes a recognized exception to mediation confidentiality under most statutes?

Accepted Answer

Threats of imminent bodily harm disclosed during mediation

Answer

Statements made about settlement amounts

Answer

Admissions of liability made in private caucus

Answer

Offers of monetary compromise

Question 4

What does Federal Rule of Evidence 408 protect in the context of settlement negotiations?

Accepted Answer

Evidence of compromise offers and related statements made during settlement negotiations when offered to prove liability

Answer

All communications made in any dispute resolution context

Answer

Offers to pay medical expenses

Answer

Statements made only in formal mediation sessions

Question 5

Which party generally bears the burden of proving that an exception to mediation confidentiality applies?

Accepted Answer

The party seeking disclosure

Answer

The mediator

Answer

The party asserting the privilege

Answer

The presiding court

Question 6

What is the key distinction between a contractual confidentiality agreement and statutory mediation privilege?

Accepted Answer

Statutory privilege arises automatically by law, while contractual confidentiality requires a separately executed agreement

Answer

Contractual agreements cannot be waived by the parties

Answer

Statutory privilege is always broader in scope than any contractual agreement

Answer

Contractual agreements apply only to arbitration proceedings

Question 7

Which of the following is most likely NOT protected by mediation confidentiality under the Uniform Mediation Act?

Accepted Answer

A signed settlement agreement the parties intend to be enforceable

Answer

A party's opening statement in mediation

Answer

A mediator's written proposal to settle

Answer

A party's apology made during a private caucus session