This article explores the justifications for protecting mediation communications from disclosure. It reviews the existing legal protections for mediated dispute settlement discussions. The major issues that seem to arise when statutory reform is considered are identified, and a recent study of the issue by the Manitoba Law Reform Commission is described and critiqued. The author argues that a distinction should be made between circumstances in which a party is required or permitted to testify about what took place in mediation, and circumstances in which the mediator may be required to do so. He suggests that mere extension to mediation of the common law privilege for settlement discussions is inadequate, particularly as a basis for determining whether the mediator should be compelled to testify
