by Suzanne Mann Duvall Mediation is in session. The mediator in is a caucus room with one side and has just presented a mediator’s proposal. Through the thin wall, the other side hears the mediator exclaim, “You hit me!” Both sides emerge into the adjoining hallway where it is revealed that the plaintiff hit the mediator and the police have been called. The mediator announces, “This mediation is over,” and also states that he will file a criminal complaint against the plaintiff, in addition to possible a civil lawsuit. What if the walls had been thicker and the other side had not heard the mediator say, “You hit me”? Should the mediator have disclosed that the mediation was being terminated because he had been hit by the plaintiff? Should the mediator file criminal charges and/or a civil damage lawsuit against the plaintiff? What confidentiality rules are being violated, if any? If
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