Case study on employment discrimination in the work place. should parties in mediation discuss with others

Case study on employment discrimination in the work place.

should parties in mediation discuss with others what was discuss during meadiation.
So the have the right to breach confidentially in court?

Joan has alleged that Tanya discriminated against her when Tanya yet again gave Jim, rather than her, a career-building assignment. Both parties agreed to seek mediation regarding their case, as an alternative to their dispute. During a very relaxed joint session, Joan asked Tanya why she had given the assignment to Jim. Tanya answered that she thought Jim would do a good job and, as an afterthought, jokingly added “besides…he’s cute.”

Shortly afterward, the mediator asked to meet with Tanya in separate caucus. The mediator and Tanya did some reality testing on the strengths and weaknesses of her case.

The case does not settle and Joan requests a hearing at the EEOC.

Variant 1: In the hearing, Joan wants to testify that Tanya had said that Jim was “cute.” Can she?

Variant 2: Is there any way the parties could have protected the confidentiality of the communications they made to each other?

Variant 3: In the EEOC hearing, Joan wants to ask Tanya about what she said to the neutral in the separate caucus. Can she?

Variant 4: In the hearing, Joan wants to ask Tanya about what the neutral said to her in separate caucus. Can she?

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