A bank tried to dismiss a lawsuit by claiming all evidence was protected by mediation confidentiality rules. The court ruled the bank couldn't hide behind confidentiality when accused of committing a new wrongdoing during the mediation itself. The case was sent back for trial. For subcontractors, this means mediation confidentiality doesn't shield parties who commit fraud or breach duties during the mediation process.
Mediation confidentiality protects settlement discussions, but not misconduct that occurs during mediation itself—if someone commits fraud or breaches a duty at the mediation table, you may still have a claim