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How Confidential Is Mediation Confidentiality?

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Chapter Summary

This chapter sets out what is within the scope of mediation confidentiality and discusses the status of protection under the common law, under codified common law such as the Federal Rules of Evidence or the New York Civil Practice Law and Rules, under ad hoc statutes or rules for court directed mediation, under the Californian statutory scheme, and, finally, under uniform laws in the United States and Canada and under a recent harmonization directive in the European Union. The author has provided an extract from the Guide to Enactment and Use for the UNCITRAL Model Law on International Commercial Conciliation (2002) and particularly the comments on Articles 8, 9 and 10 of the Model Law-pages 38-48 of the Guide. As a model law it sets a common denominator floor but not a ceiling, so states may choose to build on the minimums suggested by UNCITRAL.

Keywords: Californian statutory scheme; European Union; Federal Rules of Evidence; International Commercial Conciliation; mediation confidentiality; New York Civil Practice Law and Rules; UNCITRAL



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