This Comment surveys the conflict at the state level and proposes a solution. In the first section, there will be a short discussion of mediation and the clash between the mediation rules and the Code. In the second section, the Comment will discuss the choices that are available to the states in designing mediation and professional conduct rules. This section will explore the interplay between the two sets of rules in more detail, paying close attention to what the rules allow and what they forbid. Finally, a concluding section will discuss the competing, important interests and a proposed path forward.
Rosemary J. Matthews, Do I Have to Say More? When Mediation Confidentiality Clashes with the Duty to Report, 34 Campbell L. Rev. 205 (2011).