Exchanging Shares to Settle a Lawsuit: Should a Confidentiality Agreement Bar Evidence of Securities Fraud?

Authors

Christopher Tao, Benjamin N. Cardozo School of Law

Abstract

Suppose that two parties enter into a mediated written settlement, but in a subsequent court proceeding, one party claims to have discovered evidence clearly establishing fraud by the opposing party during the mediation process. When a court has to determine whether or not to enforce a negotiated settlement, do mediation confidentiality rules permit the court to admit one party's evidence of the other party's fraud or misrepresentations during the mediation?

Disciplines

Dispute Resolution and Arbitration | Evidence | Law | Legal Profession | Securities Law

Recommended Citation

Christopher Tao, Exchanging Shares to Settle a Lawsuit: Should a Confidentiality Agreement Bar Evidence of Securities Fraud?, 14 Cardozo J. Conflict Resol. 973 (2013).
Available at: https://larc.cardozo.yu.edu/cjcr/vol14/iss3/13