This article discusses mediation privilege and differing state laws on the subject. These differences in laws create a potential conflict between states. This article first explores the rationale for the privilege of confidentiality in mediation, then examines the Federal Rules of Evidence and their applicability to the law of privileges in conflict situation, and finally details all of the potential conflicts that may arise as a result of a non-uniform application of the mediation privilege. The author also uses the case United States v. Gullo to understand "the stance likely to be taken by courts in a conflict situation."