New York Confidentiality Assisted Mediation (NY CAM) is a dispute resolution process that helps parties in conflict resolve their issues in a private, confidential, and respectful manner. NY CAM is a form of alternative dispute resolution (ADR), which is an effective means of resolving disputes outside the traditional court system. NY CAM is tailored to the needs of the parties and can include any combination of the following processes: facilitative mediation, evaluative mediation, mediation-arbitration, and private judging. Each process involves a trained and experienced mediator who helps the parties reach a mutually acceptable agreement. The mediator facilitates communication between the parties and helps them identify underlying interests and needs. The mediator also works with the parties to develop a settlement agreement that is agreeable to both sides. The mediator ensures that all parties are treated fairly throughout the process and that the negotiated agreement is legally binding. NY CAM offers a quick, cost-effective, and confidential way to resolve disputes without the need for a lengthy and expensive court battle. It is a useful tool for parties who want to maintain privacy and control of the process and outcome.
New York Confidentiality Assisted Mediation
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FAQ
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.
A confidential mediation statement, on the other hand, provides an opportunity to clearly assert your client's strengths and the other side's weaknesses without having to pull your punches, enabling you to telegraph to the mediator the arguments about which you are most confident.
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.
Typically, anything that gets said at mediation will be considered confidential. This is particularly important when it comes to monetary negotiations. However, in addition to the numbers exchanged, and statements made at mediation, any documents submitted, or evidence relied upon, will also be confidential.
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
¶ (c) All communications, negotiations, or settlement discussions by and between participants in the course of a mediation or a mediation consultation shall remain confidential.? A party cannot, however, utilize mediation to protect from discovery otherwise discoverable evidence.
