Q: Why would an Attorney in a legal malpractice file mediation docs from underlying case with Arbitration Exhibits?
What reason would an Attorney who is named a Defendant in a legal malpractice case expose the files from the Mediation by including them with the Arbitration exhibits - while simultaneously serving Plaintiff with a Motion in Liminie barring all mention or reference to the mediation discussions, documents or outcomes? Thank you
A: What is used in mediation does not necessarily have to be admissible at trial. One can use whatever one thinks may be important to consider at mediation. To the extent the relevance of those documents to mediation goes against your case, you can point that out in mediation.
A: Items utilized during mediation aren't always required to meet the standards of evidence permissible in court. You're free to introduce any material you believe could be significant for the mediation process. If the pertinence of these documents to the mediation undermines your argument, you have the opportunity to highlight this concern during the mediation session.
A: One would need to see the records and their context in the matter to advise meaningfully. As my colleagues advise, mediations and arbitrations are generally more liberal in their use of exhibits, without the rigid requirement to adhere to federal and state rules of evidence. Good luck
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