Confidentiality is often regarded as a critical element in mediation. It allows participants to speak frankly without fear that their statements and admissions will be used against them if a case goes to trial.
But in New York, mediation is not always confidential. No statutes assure confidentiality. Some courts have rules that protect it, others do not. Private mediation agreements vary in their terms. The few court decisions that have implicated mediation confidentiality provide no clear guidance for attorneys.
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