Venting & Privilege

Question 1

Without prejudice, privilege provides some protection for communication in mediation to limit disclosure of communications made during the process in which of the following situation:

Answer 1

Testimony in later court proceedings regarding the same subject matter

Question 2

This statement regarding the enforcement of mediation clause in a contract is NOT true

Answer 2

→ The court will enforce a mediation clause in a contract in all circumstances,
→ no matter how badly it is drafted
→ and whether or not parties want to mediate

Question 3

When should a mediator allow parties to vent their feelings during mediation?

Answer 3

→ As a cathartic release for discussion or for “ritualized venting”,
→ and even then only if and when appropriate and managed carefully

Question 4

In respect of venting, a mediator should never:

Answer 4

→ Never allow it
→ Allow the parties to vent to their heart’s content
→ Seek to protect own side
→ Tell a joke when a party vents

Question 5

When dealing with emotions in mediation, it is important that the mediator:

Answer 5

→ Recognize and diagnose emotional problems
→ Not allow the individual reactions to the parties’ emotions to determine the way that emotions are dealt with
→ Allow parties to vent