Q: My mediation brief is supposed to be confidential can I still show it to: 1. my oncologist 2. my psychiatrist
A: mediation briefs are NOT confidential and shouldn't be, because they are to persuade the other side that they should settle because you are on top of your game. Maybe you meant a settlement conference statement instead. Even that should be disclosed. You can discuss the secret sauce with the judge orally.
1 user found this answer helpful
A: My quick answer is: It is your brief. You may show it to anyone. And as Mr. Hicks pointed out, it may be a useful tool to persuade your opponent to settle. But you may also include provisions that you do not wish revealed to the opponent, such as your rock-bottom minimum settlement, your opinion about your opponent's credibility, or facts which are not in your interest but might be raised by your opponent. If there are many such considerations, you might be better advised to prepare two briefs, one of which would be confidential "for eyes only of the Mediator." In all cases I would recommend you clear the matter with the mediator.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.