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Abby Tolchinsky and Ellie Wertheim, partners at Family Mediation, write that if parties to mediation suspected that their statements could be used against them in a subsequent proceeding, they would be reluctant to deal with one another honestly in discussing various options for settling their conflict, or disinclined to participate in mediation at all, which is why a recent decision compelling a mediator to testify at deposition is so troubling.
November 13, 2007 at 12:00 AM
1 minute read
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