Protecting Confidential Information in Commercial Mediations
Dispute Resolution Magazine, p. 40 (Winter 2014 Forthcoming)
3 Pages Posted: 8 Mar 2014
Date Written: January 1, 2014
In this new feature, Paul Lurie and Sharon Press will raise issues of professionalism and their practical applications.
Despite efforts that began more than 10 years ago with the creation of the Uniform Mediation Act, there is no uniformity in the United States as to how or when information disclosed in mediation may be used or protected from use in subsequent legal proceedings. This confusion about the protection of information may discourage parties in commercial disputes from using mediation. For those parties who decide to enter mediation, the Model Standards of Conduct for Mediators make the mediator responsible for promoting understanding “of the extent to which the parties will maintain confidentiality of information they obtain in a mediation.”
This issue's column includes a suggested mediation confidentiality clause that can be used in agreements to mediate commercial disputes.
Keywords: Mediation, ADR, alternative dispute resolution, conflict, Uniform Mediation Act, commercial dispute, Model Standards of Conduct for Mediators, mediators, confidential, confidentiality, arbitration, Conflict Prevention and Resolution, privilege, evidentiary exclusion, contract, disclosure
JEL Classification: J52, D74, K, K39, K4, K40, K41, K42, K49
Suggested Citation: Suggested Citation