N.Y. Comp. Codes R. & Regs. tit. 21 § 9603.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 9603.4 - Confidentiality

(a) Mediation sessions shall be private.

(b) All records, reports or other documents considered by the mediator shall be confidential.

(c) The claimant and the authority shall agree that the mediator shall not be compelled to divulge confidential materials or to testify in regard to the mediation in any adversary proceeding or judicial forum.

(d) The claimant and authority shall agree to maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral judicial, or other proceeding:

(1) views expressed or suggestions made by the other party with respect to a possible settlement of the dispute;

(2) admissions made by the other party in the course of the mediation proceedings;

(3) proposals made or views expressed by the mediator; or

(4) the fact that the other party had or had not indicated willingness to accept a proposal for settlement made by the mediator.

(e) There shall be no stenographic record of the mediation process.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 9603.4