I respectfully disagree with Lorraine. Mediation privilege is not like attorney client or physician patient privilege; the privilege also belongs to the mediator. Take a look at Evidence Rule 519, which incorporates the guts of the Uniform Mediation Act. The mediator has an independent privilege not to testify, unless the matter on which testimony is sought is an enumerated exception.
The NJ appellate cases that address mediator privilege have set the threshold high and have frowned upon mediator testimony.
Alice, if you want help, call me offline.
Hanan Isaacs
Hanan M. Isaacs, Esq.
Hanan M. Isaacs, P.C.4499 Route 27, Kingston, NJt 609.683.7400f 609.921.8982vCard: Download here >>[email protected]www.hananisaacs.com
Compassionate counsel; tough advocacy.
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RE: Can Mediators Be Compelled to Testify and turn over their confidential notes? HELP
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Oct 16, 2014 1:16 PM
Lorraine Medeiros
Even if the mediation is confidential, if both parties agree to waive any confidentiality or any privilege that may have attached to the mediation, then you can be forced to testify. Otherwise, I think this attorney is just wasting your time. Lorraine M. Medeiros, Esq.56 Ferry StreetSuite 1Newark, New Jersey 07105
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2. RE: Family Law : Can Mediators Be Compelled to Testify and turn over their confidential notes? HELP Recommend Robert E. Goldstein, Esq Posted 10-16-2014 04:38 PM Options Dropdown Alice: Trust my friend Hanan. He has been doing mediation longer than just about anybody and he knows this stuff cold. ------------------------------------------- Robert Goldstein Esq. Manalapan NJ (732)972-1600 ------------------------------------------- Original Message Original Message: Sent: 10-16-2014 13:28 From: Hanan Isaacs Subject: Family Law : Can Mediators Be Compelled to Testify and turn over their confidential notes? HELP I respectfully disagree with Lorraine. Mediation privilege is not like attorney client or physician patient privilege; the privilege also belongs to the mediator. Take a look at Evidence Rule 519, which incorporates the guts of the Uniform Mediation Act. The mediator has an independent privilege not to testify, unless the matter on which testimony is sought is an enumerated exception. The NJ appellate cases that address mediator privilege have set the threshold high and have frowned upon mediator testimony. Alice, if you want help, call me offline. Hanan Isaacs Hanan M. Isaacs, Esq. Hanan M. Isaacs, P.C. 4499 Route 27, Kingston, NJ t 609.683.7400 f 609.921.8982 vCard: Download here >> [email protected] www.hananisaacs.com Compassionate counsel; tough advocacy. Family Law Post New Message Online Post New Message via Email RE: Can Mediators Be Compelled to Testify and turn over their confidential notes? HELP Reply Online Reply via Email Oct 16, 2014 1:16 PM Lorraine Medeiros Even if the mediation is confidential, if both parties agree to waive any confidentiality or any privilege that may have attached to the mediation, then you can be forced to testify. Otherwise, I think this attorney is just wasting your time. Lorraine M. Medeiros, Esq. 56 Ferry Street Suite 1 Newark, New Jersey 07105 Reply to Sender View Thread Recommend Forward × New Best Answer This thread already has a best answer. Would you like to mark this message as the new best answer? Copyright © 2012 Model. All rights reserved. Powered by Higher Logic ×Community Tags Add a tag x User Tags may not contain the following characters: @ # $ & :
Hanan M. Isaacs, P.C. 4499 Route 27, Kingston, NJ t 609.683.7400 f 609.921.8982 vCard: Download here >> [email protected] www.hananisaacs.com
Even if the mediation is confidential, if both parties agree to waive any confidentiality or any privilege that may have attached to the mediation, then you can be forced to testify. Otherwise, I think this attorney is just wasting your time. Lorraine M. Medeiros, Esq. 56 Ferry Street Suite 1 Newark, New Jersey 07105