This Note examines the decision of the Fifth Circuit to deny the existence of a federal mediation privilege when parties moved to quash a grand jury subpoena that sought mediation records to investigate criminal wrongdoing allegedly committed in the mediation program. This Note will focus on the federal government's refusal to establish a mediation privilege despite the fact that some states have embraced such a privilege.
Joshua J. Englebart,
Federal Mediation Privilege: Should Mediation Communications Be Protected from Subsequent Civil & (and) Criminal Proceedings - In re: Grand Jury Subpoena Dated December 17, 1996,
1999 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1999/iss1/7