A Mediator’s Duty of Disclosure
I heard lately of a case where someone mediating a dispute between A and B sent an email about the dispute to A with a bcc: to B.
A managed to examine the header of the email sufficiently to see the bcc: to B, and complained to the mediator.
My first reaction was “wow, I didn’t know you could do that!” Do lawyers now have to scrub their email headers the way they are supposed to scrub metadata out of documents before sending to the other side?
My second response was “wait a minute! What was the mediator doing sending . . . [more]
