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JAMS ADR Insights

Mediation

Confidentiality in Settlement Negotiations

Three tips from an experienced mediator

Can you be sure that what is said in settlement negotiations cannot be used against your client? Here are three tips for attorneys preparing for negotiations.

Keep in mind that there are important differences in confidentiality between mediated and non-mediated settlement negotiations.

The protection provided by Illinois Rule of Evidence 408 and its counterpart Federal Rule of Evidence 408 in non-mediated negotiations is quite limited.

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Chicago Daily Law Bulletin


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