The promise of confidentiality has long been a mainstay of the mediation process. It is generally considered essential to the success of the mediation, which loses its value if participants are unwilling to speak openly and share information important to a fair resolution for all.
Mediators and Separating Couples, Beware!
Mediation participants would be far more circumspect if they thought their discussions and disclosures could be used against them in a later judicial proceeding. With this in mind, let's consider the potential impact of a recent case in which the Appellate Division, Fourth Department, determined that a confidentiality clause in a divorcing couple's mediation agreement need not preclude the mediator from being compelled to give testimony in their subsequent divorce action.
By
Janice G. InmanThis premium content is locked for LawJournalNewsletters subscribers only
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