Orlofsky ADR Services

What Is the Remedy for Breaching a Mediation Confidentiality Clause?

Most mediation contracts include a confidentiality clause providing that all statements made and information exchanged during the mediation cannot be used for any purpose outside of the mediation. But what happens if someone violates that clause? This question was raised before the Federal Circuit in Higbie v. U.S., 2015 WL 152660 (Fed.Cir. 2015), when, after… Continue reading What Is the Remedy for Breaching a Mediation Confidentiality Clause?