10 Aug: Mediation Message No. 10

THE “SMOKING GUN” Occasionally attorneys in a mediation possess undisclosed evidence which they believe would make a substantial difference in the outcome of the case if it were to be used at trial. The question confronting these attorneys is whether to divulge this “smoking gun” at the mediation or reserve it for trial, if settlement efforts should fail. There are no clear answers to this issue, but the following factors may help in resolving this…