Rule 4.19 adds a third document that may result from a JDR: “a transcript of proceedings made in open court at the time of the judicial dispute resolution process which records the outcome of [that] process.”
New rule 4.20(4) provides for the use of statements made or documents generated for or in the JDR process to prove the fact that a settlement was reached or the terms of the settlement.
How much disclosure will this amendment permit or require? Does it cover expert reports that might go to quantum?
See these cases dealing with privilege:
And these dealing with the difficulty proving a JDR settlement before these amendments: