BILL NUMBER: S9286A
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to prohib-
iting undisclosed recording of mediation and court-annexed alternative
dispute resolution proceedings
 
PURPOSE:
To protect the confidentiality, integrity, and candor of court-annexed
mediation and alternative dispute resolution (ADR) proceedings by
prohibiting surreptitious audio or visual recordings absent the express
consent of all parties and the mediator.
 
SUMMARY OF PROVISIONS:
Section 1 amends CPLR § 4506 by adding a new subdivision 2-a, which
provides:
(a) No party to a court-annexed mediation, ADR proceeding, or related
conference may make an audio or visual recording without the express
consent of all parties and the mediator, notwithstanding Penal Law Arti-
cle 250 or other provisions of law.
(b) Any recording made in violation of this subdivision is inadmissible
in any judicial, administrative, or arbitral proceeding.
(c) A violation constitutes contempt of court and may subject the viola-
tor to fines or other sanctions as the court directs.
Section 2 provides that the act shall take effect 90 days after becoming
law.
 
JUSTIFICATION:
Mediation and other forms of ADR are most effective when participants
feel free to speak candidly and negotiate in good faith, without fear
that their statements will be secretly recorded and later used against
them. New York law generally permits one-party consent recording, but
this rule undermines the trust and confidentiality essential to court-
annexed ADR.
This legislation creates a limited, context-specific exception by
requiring all-party consent for recordings in mediation or ADR conducted
under court auspices. It mirrors approaches adopted in other jurisdic-
tions, such as Illinois, which have recognized the heightened need for
privacy in this setting.
By ensuring that unauthorized recordings are inadmissible and sanctiona-
ble, the bill strengthens participant confidence, promotes frank
discussion, and preserves the integrity of New York's expanding medi-
ation and ADR programs.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
90 days after becoming law.

Statutes affected:
S9286: 4506 civil practice law
S9286A: 4506 civil practice law