LSW’s John Siffert co-authored with Cassandra Porsch an article in the upcoming issue of the New York Dispute Resolution Lawyer entitled “Why the NYC Bar Association Report on the State of Mediation Confidentiality in NY is Required Reading.” 

The article describes the analysis and takeaways in the newly issued report by the New York City Bar Assocation on “Mediation Confidentiality in New York State.”  The authors emphasize that that the report challenges the belief that communications and information shared at mediation sessions are confidential and can be protected from disclosure or later use.  In fact, because New York has no statutorily granted mediation privilege, participants in mediation may be unpleasantly surprised by the sparse confidentiality protections available to them. By revealing these weaknesses, the authors note, the report paves the way for further consideration of ways to protect confidentiality as an essential pillar of mediation.

The article reviews the report’s findings and suggestions concerning how participants can increase the confidentiality protections regarding their mediation process.

The full text of the article may be found by clicking here.

John Siffert, FCIArb, is a member of the AAA’s National Roster of Commercial Arbitrators and National Roster of Mediators.