Facts matter. Sometimes. In the world of mediation, where confidentiality is the cornerstone of the process that is now responsible for the resolution of the vast majority of civil cases, the strange case of Rogers v. Dupree (340 Ga. App. 811, 799 S.E.2d 1, 11 (2017), cert. granted, cause remanded (April 16, 2018), is demonstrative of both propositions.

This much-publicized litigation arose from the videotaping by a housekeeper of a sexual encounter with her wealthy employer, Mr. Rogers (not your neighbor), while on the job in the bedroom of his home. It was undisputed that the taping was not consented to by Rogers and was planned or executed to some extent with the assistance of the housekeeper’s counsel, who were seeking evidence to support the housekeeper’s claim of workplace sexual harassment.

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