Supreme Court Considers the Intersection of Settlement Privilege and Mediation Confidentiality

Supreme Court Considers the Intersection of Settlement Privilege and Mediation Confidentiality

The Supreme Court of Canada recently considered what happens when a party wants to resile from a settlement apparently reached at mediation and whether a confidentiality clause in a mediation agreement displaces the exception to settlement privilege that applies where a party seeks to prove the terms of a settlement ….
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