1 Ohlbaum on the Pennsylvania Rules of Evidence § 501.19


Summary

  • (a) General rule.—Except as provided in subsection (b), all mediation communications and mediation documents are privileged. Disclosure of mediation communications and mediation documents may not be required or compelled through discovery or any other process. Mediation communications and mediation documents shall not be admissible as evidence in any action or proceeding, including, but not limited to, a judicial, administrative, or arbitration action or proceeding.
  • (b) Exceptions.—

    • (1) A settlement document may be introduced in an action or proceeding to enforce the settlement agreement expressed in the document, unless the settlement document by its terms states that it is unenforceable or not intended to be legally binding.
    • (2) To the extent that the communication or conduct is relevant evidence in a criminal matter, the privilege and limitation set forth in subsection (a) does not apply to:

      • (i) a communication of a threat that bodily injury may be inflicted on a person;
      • (ii) a ...