In response to these articles, we sought to determine the perceptions of mediation practitioners in our own region, the Seattle/King County area, regarding mediation confidentiality and privilege. This paper presents our finding and addresses the following: (1) the scope of confidentiality and privilege under Washington law; (2) recent Washington case law addressing evidence of mediation communications; (3) a review of Florida's recent legislation - significantly different from Washington law, and unique among state mediation statutes - which provides for sanctions in the event confidentiality is breached; and (4) the perceptions of mediators, attorneys, and judges from the greater Seattle area regarding the frequency with which mediation communications are admitted into evidence, or otherwise disclosed; and the opinions of the same group regarding the need for legislation, similar to that found in Florida, that would sanction misuse of mediation communications.
T. Noble Foster and Selden Prentice,
Promise of Confidentiality in Mediation: Practitioners' Perceptions, The,
2009 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2009/iss1/6