New Jersey Upholds Mediation Confidentiality

"A New Jersey appeals court late last week gave a big boost to the confidentiality of mediation communications, ruling that a mediator is prohibited from testifying in subsequent proceedings without an express waiver from all the parties under the Uniform Mediation Act (UMA) and state rules.

The Superior Court of New Jersey, Appellate Division on Jan. 19 said the state has a strong policy in favor of protecting mediation communications from disclosure, holding and a need for testimony did not outweigh the need to maintain mediation confidentiality according to the parameters of the UMA's balancing test ( Karin Lehr v. John Afflitto , No. A-6992-03T2).

The ruling means that the UMA's confidentiality protections will stand in both civil and criminal cases, observers say. "

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