12.18.12 | Articles

Mediation Confidentiality: Meaningful but Not Absolute

New York Law Journal

Mediation plays an important role in resolving litigation at all levels of complexity yet the promise of confidentiality for mediation materials while broad, is not guaranteed. This article examines the recent Southern District decision in Dandong v. Pinnacle Performance which, guided by the Second Circuit's 2011 opinion in In re Teligent, discusses the extraordinary need a third party must show in order to obtain disclosure of mediation materials.

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