Fred Bauder wrote:
No, because what goes on in mediation, good or bad is inadmissable in arbitration. Posturing as "willing to mediate" will do you no good, nor will "piss on that phoney shit" do you any harm. The reason for this is that mediation is about actually trying to solve problems between users, not building a record to bash each other with.
Fred
From: Ray Saintonge
If either party refuses mediation, that fact should prominently influence the work of the arbitrators.
If a person has completely refused mediation, there is nothing that goos on "in" mediation to keep confidential. I agree with your dexcription of what mediation is about.
Ec