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.
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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.
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