Introduction

The mediation is over. The case is settled. But is it really over? What happens if one of the parties announces that there is no deal after all or that the agreement is not enforceable for some reason? With the exponential growth of both court ordered and private mediation, the conflicts that can arise after the mediation have given rise to a substantial body of case law in the United States. The cases highlight the aspects of a mediation that can lead to its undoing. The cases also bring into focus the importance of the debate over the central issue of confidentiality in the ...