Oregon Law Review : Vol. 90, No. 3, p. 855-884 : Predictable Protection for Mediated Pendent State Claims: A Judicial Solution
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This Comment begins by providing a general overview of privilege law. It discusses the differences between privilege and confidentiality, looks at how choice of law plays into privilege issues, outlines state and federal privilege, and shows what can happen when state and federal privileges come into conflict. Next, this Comment focuses on privilege in the context of mediation by contrasting mediation privilege with settlement protections, and it gives an overview of how various courts have looked at addressing questions of mediation privilege and confidentiality. This Comment concludes that, in order to provide claimants with predictability surrounding their mediation communications related to state claims ending up in federal court, federal courts should always treat state mediation communication protections as substantive law and apply state protections to state claims.