Concern over Confidentiality in Mediation - An in-Depth Look at the Protection Provided by the Proposed Uniform Mediation Act, The

This Comment will investigate the historical problems with confidentiality in mediation and evaluate the Proposed Uniform Mediation Act\u27s (hereinafter U.M.A. or Act ) approaches to remedying confidentiality issues. The reader should carefully note that the Uniform Mediation Act is in an on-going drafting phase at this time, and the content of the Act\u27s drafts discussed herein are not final and are for discussion purposes only. This Comment\u27s discussion will cover confidentiality in disclosure with respect to parties, waiver, and a mediator\u27s duty of non-disclosure. This Comment will also compare the mechanisms the U.M.A. has put in place to govern confidentiality to mechanisms utilized in other fields, such as the attorney-client privilege and rules of evidence regulating the admission of compromise negotiations at trial