I. INTRODUCTIONMediation has become an effective and popular form of dispute resolution over the last decade. Specifically, from 2005 to 2008 in Georgia there were 523 mediated settlements out of a total of 763 cases. As part of this informal process, the mediator as a neutral third party encourages a broad discussion of the parties' facts, feelings, issues, underlying interests and possible solutions to the conflict. Furthermore, mediation refers to the philosophy that parties voluntarily reach any agreement through a process of cooperation and compromise without declaring the winner and loser. Mediation privilege to protect mediation communications is one of the key factors in successful mediation implementation. This privilege provides that all parties may refuse to disclose mediation communications for information or evidence. Furthermore, these communications include all oral and written communications and conduct that occur as part of the mediation process and the parties have prepared such communications for the purpose of, during or following the mediation. For parties, this privilege can improve the quality and quantity of communications which subsequently increases the chances of reaching an acceptable resolution to their dispute. This is because they can communicate honestly and frankly without worrying about whether what they say might be admitted in later proceedings, for example if mediation fails. For mediators, this privilege can be useful in advancing the negotiation process by revealing certain sensitive communications. However, brokerage privilege to protect brokerage communications is not an absolute rule. Under certain circumstances, it will no longer be a privilege if the b...... middle of paper ...... confesses to having an affair with another woman. Then the case goes to court due to mediation failure. Can the wife claim a larger share of property than the husband because she claims that the divorce is caused by the husband's fault because he is having an affair with another woman, and this fact is revealed in the mediation? Do courts protect communications containing husband's confession in mediation?IV. CONCLUSION In Washington courts, mediation privilege always protects communications before, during, and after mediation as long as they relate to and further the mediation process. Further, all parties do not waive or preclude the privilege nor are the communications subject to any of the exceptions to the privilege. Therefore, these communications are not discoverable or admissible as evidence in Washington courts.
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