Don't reveal settlement offers made during mediation, and especially don't reveal settlement offers made during official Ninth Circuit mediations. Otherwise the Ninth Circuit may well elect to shame you by mentioning you by name. As happens today to Davis Wright Tremaine associate Jonathan Segal:
"In oral argument before this panel, Jonathan Segal, counsel for
appellant, disclosed confidential information related to offers made by his
opponent in mediation before the Ninth Circuit Mediation Program. This
is in clear violation of Ninth Circuit Rule 33-1(c)(4), which states that any
written or oral communication made in Ninth Circuit Mediation Program
settlement discussions may not be disclosed to anyone who is not a
participant in the mediation. The panel reiterates the importance of
maintaining confidentiality in the Ninth Circuit Mediation Program. The
wrongfully disclosed information was not considered in deciding the case."
Yeah. Don't do that.
(Though he did win the appeal.)
