New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 160 - Alternative Dispute Resolution in the Trail Courts › Section 160.3 - ADR Process Conducted by a Mediator or Neutral Evaluator to be Confidential

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a) Except as
					 otherwise provided herein or as otherwise required by law, all communications,
					 memoranda, and work products made in preparation for, during, or in connection
					 with an ADR process conducted by a mediator or neutral evaluator to whom a
					 dispute is referred pursuant to this Part shall be confidential and not subject
					 to disclosure in any judicial or administrative proceeding.
(b)
(1)
					 Session information. A mediator or neutral evaluator may report to court ADR
					 program administrative personnel details as to an ADR process such mediator or
					 neutral evaluator is conducting pursuant to this Part including: (i) the
					 duration of a session conducted as part of such process, (ii) whether the
					 parties thereto requested and held additional sessions and session dates, (iii)
					 whether the dispute subject to the ADR process was resolved in whole or in
					 part, (iv) whether the dispute remains unresolved, and (v) whether one or more
					 parties opted out of referral to an ADR process where authorized to do so
					 (without disclosing the name(s) of that party or parties), (vi) whether the
					 mediator or neutral evaluator had a conflict of interest, and (vii) whether the
					 dispute is not appropriate for the process. The foregoing shall be reported
					 without comment on any substantive aspect of the dispute.
(2) Written agreement settling a dispute. A
					 writing signed by all parties embodying a negotiated agreement settling a
					 dispute that has been referred to an ADR process pursuant to this Part, in
					 compliance with statutory requirements, if any, may be submitted to the court
					 for review on consent of all parties.
(3) Threats of imminent, serious harm.
					 Nothing in this section shall prohibit a mediator or neutral evaluator
					 conducting an ADR process to which a dispute has been referred pursuant to this
					 Part or a party to that dispute from notifying any potential victim and/or the
					 appropriate authorities where the mediator or neutral evaluator or the party to
					 the dispute becomes aware that information or a communication disclosed in that
					 process constitutes a credible threat of serious and imminent harm to the
					 mediator or neutral evaluator, a party to the dispute, or any other person or
					 entity.
(4) Child abuse or neglect.
					 If information or a communication reveals reasonable cause to suspect that a
					 child is an "abused child" or a "neglected child" as defined by subdivisions
					 (e) and (f) of section
					 1012
					 (e) of the Family Court Act, respectively,
					 appropriate authorities may be notified.
(5) Complaints or claims of wrongdoing or
					 malpractice. Any participant in an ADR process to which a dispute has been
					 referred pursuant to this Part pursuing or defending against a complaint or
					 claim of wrongdoing or legal malpractice arising from such ADR process may seek
					 party or court permission to reveal, or may be compelled to disclose, otherwise
					 confidential information or communications, to the extent directed by court
					 order or through party agreement, or, where appropriate, through the mediation
					 complaint process approved by the UCS, or through any other state disciplinary
					 or law enforcement proceeding. Such disclosure shall be permitted only to the
					 extent necessary to pursue or defend against such complaint or claim.
(6) To collect an authorized, unpaid fee for
					 services in relation to an ADR process, a mediator or neutral evaluator may
					 disclose the services such mediator or neutral evaluator has
					 rendered.
(7) Research and
					 education. Information or a communication may be disclosed for research or
					 educational purposes provided that the names of the parties, other identifying
					 information, and specific facts related to the issues in controversy shall
					 remain confidential.