The Reporter’s Working Notes discuss this candor as follows:
Mediators typically promote a candid and informal exchange regarding events in the past, as well as the disputants’ perceptions of and attitudes toward these events, and encourage disputants to think constructively and creatively about ways in which their differences might be resolved. This frank exchange is achieved only if the participants know that what is said in the mediation will not be used to their detriment through later court proceedings and other adjudicatory processes. (emphasis added)
In a later paragraph, the Reporter’s Working Notes continue:
The drafters also recognize that public confidence in and the voluntary use of mediation can be expected to expand if people have confidence that the mediator will not take sides or disclose their statements . . . (emphasis added)
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