If you have a moment, download this PDF about confidential private mediation from NYLJ.com
Now I won’t comment on the legal merits here, but that aside, I cannot stress enough how important these issues are within the discovery context. As always, it’s so important to make sure that the orders are well defined, and that the forensic technology expert is engaged at an early stage to deal with the technical nuances and their interpretation. If they’re not, there can often be misunderstandings and confusion, not to mention lost time.
Applying the heightened standard from Teligent to confidential private mediations accords with the parties’ intent and will encourage private mediation—particularly in instances when, as occurred with Sotheby’s and the da Vinci Sellers, the parties commence a confidential private mediation before engaging in any litigation.