The ability of the parties and Mr. Rotman to share information and settlement positions without a concern that they may be used to the parties' detriment in the future is essential to the mediation process. This ability is protected by state and federal law and by our confidentiality agreement.
Prior to the commencement of the mediation, all participants will sign a confidentiality agreement which provides in part that:
- All statements made during the course of the mediation, in mediator follow-up thereafter, or at any time prior to complete settlement of the matter, are privileged settlement discussions. These statements are made without prejudice to any party’s legal position, and are non-discoverable and inadmissible for any purpose including in any legal proceeding.
- Disclosure of any records, reports or other documents, received or prepared by the mediator cannot be compelled. The mediator shall not be compelled to disclose or to testify in any proceeding as to (i) any records, reports, or other documents received or prepared by the mediator or (ii) information disclosed or representations made in the course of the mediation or otherwise communicated by or to the mediator in confidence.
- No aspect of the mediation shall be relied upon or introduced as evidence in any arbitral, judicial, or other proceeding, including, but not limited to:
- To the extent that they are applicable, state law and/or the Federal Rules of Evidence apply to the mediation. Download Confidentiality Agreement