Richards Layton & Finger

Bankruptcy Court Addresses Discoverability of Documents Prepared for Mediation

January 23, 2013

Recently, in Burtch v. Luminescent Systems (In re AE Liquidation), No. 10-55460 (Bankr. D. Del. Dec. 11, 2012), the U.S. Bankruptcy Court for the District of Delaware was faced with a motion to protect from discovery documents drafted in preparation for mediation. While the court ultimately granted the motion for protective order, the decision should serve as a reminder to practitioners of the potential for discovery of documents prepared for mediation.