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Plaintiffs and Defendants Are Often Required to Proceed to Mediation

Question 131

Multiple Choice

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?


A) The plaintiff can advise the trial judge during trial that a settlement offer was made at mediation and how much that offer was.
B) 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.
C) The plaintiff is never at liberty to disclose any offers to settle made at mediation.These must be kept confidential.
D) No disclosure of an offer to settle may be made unless the mediator is called to give evidence at the trial.
E) All matters at mediation can be disclosed at trial.

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