Puffery vs. Lying in Mediation

, The Connecticut Law Tribune


Both the common law and the Code of Professional Conduct frown upon lying in the context of the negotiation of a settlement of a dispute. However, not every "lie" is actionable. Some lies are OK. If the misstatement is mere "puffing" by the party or counsel, the law will look the other way.

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What's being said

  • Hector Morera

    Although I commend the author for attempting to identify established criteria in determining which statements constitute a material fact, which would preclude them from being inadmissible per Section 4.8 of the Code of Evidence, the sad reality is the courts in CT have upheld certain conduct as acceptable as part of "litigation privilege". Please refer to Simms v Seaman, 308 Conn. 523 (2013).

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