New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter LXXIV - New York City School Construction Authority
Part 9603 - New York City School Construction Authority Procedure For Dispute Resolution
Section 9603.4 - Confidentiality
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 9603.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Mediation sessions shall be private.
(b) All records, reports or other documents considered by the mediator shall be confidential.
(c) The claimant and the authority shall agree that the mediator shall not be compelled to divulge confidential materials or to testify in regard to the mediation in any adversary proceeding or judicial forum.
(d) The claimant and authority shall agree to maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral judicial, or other proceeding:
(1) views expressed or suggestions made by
the other party with respect to a possible settlement of the dispute;
(2) admissions made by the other party in the
course of the mediation proceedings;
(3) proposals made or views expressed by the
mediator; or
(4) the fact that the
other party had or had not indicated willingness to accept a proposal for
settlement made by the mediator.
(e) There shall be no stenographic record of the mediation process.
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