Mediation is not a legally binding process. If the parties do not reach a settlement agreement through mediation, they may continue their case to a full trial in court. If you have already gone through mediation, you might be concerned that information you divulged in the hopes of getting a fair settlement might be used against you in court. However, information exchanged during mediation is often confidential.
To facilitate open and candid communication between the parties during mediation, the information exchanged is typically confidential. If you provided details that you worry might be used against you in a trial, the other party may be barred from doing so unless that information can be considered admissible evidence. However, evidence used during mediation may also be used during a trial. For example, if you presented photos of the accident scene during mediation, you may still present them as evidence during trial. However, statements made in response to the photos may be confidential.
Call The Carrion Law Firm at (718) 841-0083 to get a free, private review of your case from our NY personal injury lawyers.
Confidentiality in Personal Injury Mediation in NY
Mediation proceedings are not open to the public, unlike many trials. Information revealed during mediation is confidential and cannot be divulged by either party outside of mediation proceedings. The idea here is that when the details of the case are kept private, the parties may be more inclined to be open and candid with each other.
Another reason for the need for confidentiality is that mediation is not a legally binding process. Many people do not reach a settlement at the end of mediation proceedings and instead pursue personal injury lawsuits. If this happens, the confidentiality of mediation prevents certain information you divulged from being used against you in a courtroom.
Even so, simply because certain information or evidence is presented during mediation does not mean it is completely off-limits in a trial. Evidence used during mediation might still be admissible in court.
Is Mediation in NY Still Confidential if No Settlement is Reached?
Ideally, mediation ends with a settlement that both parties can agree on. However, this is not always how things end. Many mediation sessions end without a resolution, and the parties may pursue other legal options, including filing lawsuits. Rest assured, even if mediation fails, the process remains confidential.
Statements made during mediation remain confidential even when mediation ends without a resolution. The parties must be able to communicate freely, openly, and candidly during mediation to hopefully reach the best settlement arrangement. Confidentiality ensures that parties may speak freely without fear of their words being used against them.
If the opposing party tries to discuss statements made during mediation in court, our Brooklyn personal injury lawyers will object and try to stop them.
Can I Use Evidence from Mediation in a Personal Injury Lawsuit?
The Rules of Evidence that typically apply to trials are significantly relaxed during mediation. You may present evidence that would ordinarily not be admissible in court. Again, this information remains confidential regardless of the outcome of mediation. However, some evidence from mediation may still be presented in court.
Confidentiality rules do not make admissible evidence suddenly inadmissible. For example, if you present your medical records during mediation as proof of your injuries and damages, your records may still be admissible in a court of law. The opposing party cannot claim confidentiality to stop you from presenting your medical records as evidence.
However, statements the opposing party made about your medical records are considered confidential. For example, if the defendant admitted to you that your injuries are severe and worth substantial compensation, those statements may not be brought up as evidence in your trial. If you try to bring up statements made by the defendant during mediation, or vice versa, an objection will likely stop you.
Using the Same Evidence in Mediation and a Lawsuit
The evidence you use in mediation may or may not be admissible in court. Remember, the Rules of Evidence that govern the admissibility of evidence are significantly less strict in mediation. If mediation fails, you should review your evidence with your attorney to determine what can be used in a lawsuit.
The rules of confidentiality may prevent you from using information disclosed during mediation as evidence in court. If the defendant fully admits to wrongdoing during mediation, you cannot introduce these statements as evidence of a confession.
However, your own evidence you had already collected may still be admissible in court as long as it satisfies the Rules of Evidence. As mentioned earlier, medical records are often considered admissible evidence, and you may use them in mediation and a trial.
Hearsay evidence may be presented during mediation proceedings, but it is largely inadmissible in court unless it falls under one of the various exceptions to the rule against hearsay.
Why Confidentiality is Important in NY Personal Injury Mediation
Confidentiality is crucial in mediation because it protects both parties. If you or the opposing party makes a statement that could be used against you, it is protected by confidentiality.
You and the opposing party should be able to talk openly about the case so that you can reach a settlement that works for both of you. The ability to be open and candid during mediation is a necessary part of the process. If either party fears that something they want to say could be used against them should mediation fail, they may keep the information private, reducing the likelihood of reaching a settlement.
What Happens if Statements I Made During Mediation Are Exposed in Court?
If the opposing party in a personal injury lawsuit tries to introduce statements you made during mediation proceedings as evidence against you, your attorney should object immediately. Since this information is protected by confidentiality, the court should sustain the objection and prevent the opposing party from bringing it up in court.
If the opposing party still manages to introduce confidential information in a trial, we may file a motion to sanction them. We may also ask the judge to strike those statements from the record and instruct the jury not to consider them during their deliberations. If the confidential information irreparably taints the case, we might have to move for a mistrial.
Call Our NY Personal Injury Attorneys for Legal Support
Call The Carrion Law Firm at (718) 841-0083 to get a free, private review of your case from our Queens personal injury lawyers.