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Home > Country profiles > USA > Articles > Article detail

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Mediation: where the confidentiality Ends

Wednesday, 3rd August 2017

"There is little room for argument; the information and documents exchanged during mediation are confidential. Rule 8 of the South Carolina Alternative Dispute Resolution Rules provides, in part:

Communications during a mediation settlement conference shall be confidential…To that end, the parties and any other person present shall not rely on, or introduce as evidence … any oral or written communications having occurred in a mediation proceeding.

But, where does the confidentiality end? The South Carolina Court of Appeals answers the question in Huck v. Oakland Wings, LLC, d/b/a Wild Wing Cafe’, et al...

William Huck slipped and fell while walking into Wild Wing Café. He and his wife filed suit against Wild Wing Café and Avtex, as the building’s owner, among others. Plaintiffs proceeded to trial against Wild Wing and Avtex after reaching a settlement with two other Defendants, the terms of which were not disclosed to the trial court. At the close of plaintiffs’ case, the court granted the remaining defendants’ motion for directed verdict as to Mrs. Huck’s loss of consortium claims. Following the return of a verdict against Avtex only, it filed a motion for judgment notwithstanding the verdict, along with a motion for disclosure of settlement and setoff, or in the alternative, to determine if the settlement with the other Defendants was made in good faith. The trial court denied Avtex’s motions and this appeal followed."

Read in full:  

Source: Nexsen Pruet
Language: English
Contact: Cheryl D. Shoun

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