Source: (2008) South Texas Law Review, vol. 49:943-986

As the support for mediation in the civil and criminal context continues to expand, the distinction between confidentiality and privilege becomes increasingly critical. For mediation to function effectively, mediation privilege rules must address not only the actual dispute but also the possible use of the mediation communications in subsequent criminal litigation. This article focuses on the interplay between mediated disputes and subsequent criminal litigation. (excerpt)