Hauzinger v. Hauzinger

Jun 26, 2008

OUTCOME: favorable

I was the Hauzinger's divorce mediator. They successfully reached an agreement but later had a falling out. Mrs. Hauzinger then hired an attorney to attempt to set aside the mediated separation agreeme ... nt. The attorney for Mrs. Hauzinger sought my deposition in the divorce action. I refused and sought a protective order on the ground that the Hauzinger's mediation agreement contained a confidentiality clause that prohibited me from testifying. that the The trial court and the first appellate court determined that a mediator can be deposed regardless of the confidentiality clause. I appealed to New York's highest court, the New York State Court of Appeals. The Court of Appeal affirmed that a mediator could be deposed but on much more limited grounds ruling that Mrs. Hauzinger waived confidentiality. I went on to testify. The trial court refused to set aside the mediation agreement,