Tag Archives: mediation in New York

The Confidentiality Of Mediation In New York May Not Be Assured

New York mediator, Richard S. Weil, poses the question in his New York Law Journal article, dated October 25, 2012, “Is Mediation Confidential in New York?”

As Mr. Weil observes, confidentiality is a critical element in a mediation. Confidentiality allows participants to speak frankly without fear that their statements and admissions will be used against them if the case goes to trial. However, mediation may not always be confidential in New York and prudent measures may be appropriate in certain instances to assure the confidentiality of a mediation proceeding. There is no state statute that assures confidentiality.

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