A federal district court in the District of Columbia has sanctioned an attorney for violating a confidentiality order through his disclosure of statements made during a mediation session.

In Williams v. Johanns, Civ. A. No. 03-2245 (CKK), 2008 WL 36633 (D. D.C. Jan. 2, 2008), attorney Myart submitted a memorandum to the Court containing statements made during the course of Court-ordered mediation. Myart admitted that, by containing such statements, the submission violated a Court-imposed confidentiality order.

The Court held Myart in civil contempt and ordered him to pay a nominal fine, even though the Court observed that Myart "acknowledged his error."

In justifying the sanctions, the Court opined that "[n]on-compliance with a confidentiality order in the context of a mediation can have a chilling effect on settlement discussions. It can also make parties reluctant to engage in a frank exchange of information, perceiving that their disclosures will be subsequently used against them."