Intheblanks RJI Partition Addendum. A confidentiality clause prevents legal teams and other members of a case from discussing certain facts related to a settlement.Is it worth it to fight a confidentiality clause in a settlement agreement? I'll assume you are still negotiating with the other side. In general, New York courts uphold confidentiality clauses as long as they do not violate public policy or interfere with a party's statutory rights. Nondisparaging and confidentiality provisions in supervisor separation agreements may not be prohibited. The court emphasized the importance of maintaining mediation confidentiality and recognized the value of "working documents" produced during mediation.