Using Screening Walls and Advance Waivers To Manage Mediation Conflicts of Interest

摘要

Assume that you have just successfully mediated a commercial dispute between A and B concerning a product developed by A that was being licensed by B. During the course of the mediation, you learned in confidence from A about the product's development history. One year later, one of your law partners at the XYZ law firm is asked to represent C in a claim against A involving the same product, but in a product liability context. Under what circumstances is your partner precluded from taking on the representation of C?