Resources / Study / Innovation for Court ADR

Just Court ADR

The blog of Resolution Systems Institute

Posts Tagged ‘evidence’

CA Confidential: How The Latest Challenges to California’s Evidence Code Undermine Mediation

Eric Slepak-Cherney, November 3rd, 2015

In the world of ADR news, California’s mediation confidentiality provisions are achieving “Kardashian”-like levels of fame at the moment, with a comparable amount of dramatic fireworks to boot. Since 1993, California has included in its Evidence Code provisions which guarantee mediation confidentiality and greatly limit the discovery and admission of evidence procured from mediations. However, between an initiative to rewrite the California Evidence Code and a recent decision in Delaware’s influential Court of Chancery, these protections face a challenge, one that threatens to jeopardize the reliability of mediation as a viable dispute resolution process in the Golden State. (more…)

Indiana Court Pierces Mediation Confidentiality For Possible Error

Mary Novak, December 4th, 2012

A recent decision by the Indiana Court of Appeals shows the uneasy balance between the rules of confidentiality in an ADR process, and the rules of evidence in a court trial. In the family law case Horner v. Carter, the Indiana court has interpreted its state rules of ADR and Evidence so that clients may introduce evidence from confidential ADR sessions for a much broader range of reasons than the court had previously allowed. While the case is limited to Indiana, and currently under appeal to the Indiana Supreme Court, other ADR professionals may wish to tune in for two reasons. First, other states beyond Indiana may follow similar rules. Also, the case is an interesting example of the uneasy balance that can exist between the protection and privilege of ADR, and how that veil may be pierced unexpectedly in a court proceeding. (more…)