Discovery from Mediator

U.S. Bankruptcy Court for the Northern District of New York

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Northern District of New York

Rule: 8.3

Jurisdiction: NDNYB

Bluebook Citation: Bankr. N.D.N.Y. R. 8.3

The mediator shall not be compelled to disclose to the court or to any person outside the mediation conference any of the records, reports, summaries, notes, communications, or other documents received or made by a mediator while serving in such capacity. The mediator shall not testify or be compelled to testify in regard to the mediation in connection with any arbitral, judicial or other proceeding. The mediator shall not be a necessary party in any proceedings relating to the mediation. Nothing contained in this section shall prevent the mediator from reporting the status, but not the substance, of the mediation effort to the court in writing, from filing a report as required by section 9.1, or from complying with the obligations set forth in section 10.

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