ADR Confidentiality & Privilege in ADR 3

Question 1

The 'public policy' exception to ADR confidentiality is most commonly invoked when:

Accepted Answer

Disclosure is necessary to prevent manifest injustice or protect significant public safety interests

Answer

Courts may pierce ADR confidentiality when enforcing it would result in manifest injustice or pose a significant unmitigated threat to public safety.

Question 2

Mandatory reporting laws regarding child abuse interact with mediation confidentiality by:

Accepted Answer

Overriding confidentiality to require disclosure of child abuse information regardless of the mediation context

Answer

Mandatory reporting statutes are designed to take precedence over mediation privilege, requiring disclosure of child abuse disclosures made during mediation.

Question 3

What does conducting settlement negotiations 'without prejudice' mean in ADR practice?

Accepted Answer

Statements made during negotiations cannot be used as admissions or evidence in subsequent proceedings

Answer

'Without prejudice' designates that statements made during negotiations are inadmissible as admissions of liability or other evidence in any subsequent court proceedings.

Question 4

If a party to a mediation dies before the conclusion of proceedings, their mediation privilege:

Accepted Answer

Remains with their estate or legal representative, who may assert or waive it

Answer

Mediation privilege survives the death of the holder and passes to the estate or legal representative, who retains the right to assert or waive it on the decedent's behalf.

Question 5

A party most clearly waives mediation privilege when they:

Accepted Answer

Voluntarily disclose privileged mediation communications to a third party outside the mediation process

Answer

Voluntary disclosure of privileged mediation communications to a third party outside the process is the classic act that constitutes waiver of the mediation privilege.

(ADR) Alternative Dispute Resolution Certification Practice Test

(ADR) Alternative Dispute Resolution Certification Practice Test

ADR Confidentiality & Privilege in ADR 3