Author Question: Plaintiffs and defendants are often required to proceed to mediation before a trial date can be ... (Read 37 times)

Jipu 123 · **on:** Aug 7, 2021

Plaintiffs and defendants are often required to proceed to mediation before a trial date can be scheduled. A mediator is the third party who attempts to assist the litigants in resolving their dispute. During the course of mediation, offers to settle may be made. What use can a plaintiff make of an offer to settle made by the defendant at mediation if settlement is not reached?
◦ No disclosure of an offer to settle may be made unless the mediator is called to give evidence at the trial.
◦ All matters at mediation can be disclosed at trial.
◦ The plaintiff can advise the trial judge during trial that a settlement offer was made at mediation and how much that offer was.
◦ The plaintiff is never at liberty to disclose any offers to settle made at mediation. These must be kept confidential.
◦ The plaintiff can advise the trial judge during trial that an offer to settle was made at mediation but cannot advise the judge how much the offer was for.

marict · **Reply #1 on:** Aug 7, 2021

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