Protecting Confidential Information in Commercial Mediations

Dispute Resolution Magazine, p. 40 (Winter 2014 Forthcoming)

3 Pages Posted: 8 Mar 2014

See all articles by Paul M. Lurie

Paul M. Lurie

Independent

Sharon Press

Mitchell Hamline School of Law Dispute Resolution Institute

Date Written: January 1, 2014

Abstract

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

Lurie, Paul M. and Press, Sharon, Protecting Confidential Information in Commercial Mediations (January 1, 2014). Dispute Resolution Magazine, p. 40 (Winter 2014 Forthcoming), Available at SSRN: https://ssrn.com/abstract=2402453

Paul M. Lurie

Independent ( email )

Sharon Press (Contact Author)

Mitchell Hamline School of Law Dispute Resolution Institute ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States
651-290-6436 (Phone)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
69
Abstract Views
531
rank
364,677
PlumX Metrics