In the present case, Olain v. Congress, the United States District Court for the Northern District of California has, in a precedent-setting opinion, forced a mediator to testify in a subsequent civil procedure. 9 This Note will examine two recurring issues regarding mediation: first, the appropriate law to be applied when a case sits in federal court; and second, the history of the mediation privilege, the present state of the mediation privilege within the federal and state courts, and the consequences of the instant case.
Jennifer C. Bailey,
Mediator's Privilege: Can a Mediator Be Compelled to Testify in a Civil Case - California Privilege Law Says Yes - Olam v. Congress Mortgage Co., The,
2000 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2000/iss2/11