Is there any case law or case law supporting the confidentiality of mediation?
Nova Scotia, Canada
The following excerpt is from Lawton’s Drug Stores Ltd. v United Food and Commercial Workers Union Canada, Local 864, 2017 NSSC 171 (CanLII):
And again, at para. 28, quoting with approval from RWDSU v. Westfair Foods (1993), 93 CLLC 16,059: “… the inability to rely on anything which occurred during mediation might be something of a handicap to the parties. It seems important, nonetheless to protect the confidentiality of the mediation process, especially since many of the statements…could only be corroborated by the mediator himself.”
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