A New York Confidentiality Agreement for Conduct of Mediation is a document which outlines the roles and responsibilities of all parties to a mediation. The agreement is intended to ensure that confidential information disclosed during the mediation process, such as offers of settlement or information regarding the parties’ positions, is not discloseoutsideof the mediation. There are two main types of New York Confidentiality Agreement for Conduct of Mediation: the Standard Model Agreement and the New York Uniform Mediation Act (YUMA) Agreement. The Standard Model Agreement is a general confidentiality agreement that applies to all medications conducted in New York state. The YUMA Agreement is a more detailed agreement that applies to medications conducted under the New York Uniform Mediation Act. Both agreements establish the basic principles of confidentiality, including the terms of disclosure, the scope of information protected, and the consequences for breach of the agreement.
New York Confidentiality Agreement For Conduct of Mediation
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FAQ
There is no New York or federal statute that creates a mediation privilege or guarantees confidentiality with the sole exception of McKinney's Judiciary law § 849-b, which prohibits disclosure of a mediator's writings and files, but only applies to community dispute resolution centres, not courts.
The mediator must remain impartial, both in perception and in fact (Freedman & Prigoff, 1986; Brown, 1991). This protects the parties involved in the conflict, so that neither can be penalized over what was discussed in what was supposed to be a confidential mediation.
Confidentiality is at the heart of a mediation session and is critical to a successful resolution. The parties must be assured that they can share sensitive information at the session, where it is necessary to see that their true needs and interests may be met, without fear of subsequent disclosure to their detriment.
(1) Confidentiality: The proceedings are confidential both as between the parties and as between the parties and the mediator. As a result even if the parties agree that matters can be referred to outside the mediation, the mediator can enforce the confidentiality provision.
The parties may not disclose discussions or other communications with the mediator unless all parties agree, because it is required by law, or because otherwise confidential communications are relevant to a complaint against a mediator or the Mediation Program arising out of the mediation.
Some of the statutory exceptions include (1) when disclosure is necessary for criminal prosecution; (2) when necessary to prove coercion or fraud that led to the mediated settlement; (3) in order to establish the existence or terms of a settlement agreement; and (4) when necessary to impose sanctions or to discipline
As noted above, the heart of the mediation privilege is confidentiality. Essentially, by statute, the only statement or writing made in connection with mediation which can be disclosed without the express consent of both parties is the agreement reached during the mediation itself.