All communications incidental to settlement made orally or in writing by any party shall not be disclosed to the arbitration panel, unless all parties consent to such disclosure.
§ 7557.Reparation offers; denials of liability
Article 75-A. Health Care Arbitration · Last amended 1986 · Last verified July 21, 2026
In one sentenceCPLR 7557 shields settlement communications and denials of liability made by any party from the arbitration panel deciding the case, unless every party agrees to let the panel see them.
Full Text of CPLR 7557
Plain-English Summary
Settlement talk works only when both sides can speak candidly without worrying that an offer or a denial of fault will end up used against them at the hearing. CPLR 7557 protects that candor by keeping all communications incidental to settlement, whether made orally or in writing by any party, away from the arbitration panel's eyes and ears.
The rule has one exception: if every party consents to disclosure, the panel can see the communication. Absent that unanimous consent, reparation offers and denials of liability made during settlement discussions stay out of the case the panel decides.
Frequently Asked Questions
Can a settlement offer be used against a party at the arbitration hearing?
No, not unless all parties consent to its disclosure. CPLR 7557 keeps settlement communications away from the arbitration panel by default.
Does CPLR 7557 cover written settlement communications too?
Yes. It covers communications incidental to settlement made either orally or in writing.
What if the parties want the panel to see a settlement communication?
They can, but only if all parties consent to the disclosure. Without unanimous consent, the communication stays confidential from the panel.
Does CPLR 7557 protect settlement communications from a single party or from any party?
It protects communications incidental to settlement made by any party, not just the party proposing the settlement, so both an offer and a response to it stay shielded.
Why does the law keep settlement talk away from the arbitration panel?
So parties can negotiate candidly without worrying that an offer or a denial of liability will be held against them if the case still has to be decided on the merits.
Amendment History
Add, L 1986, ch 266, § 5, eff July 8, 1986.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: settlement confidentiality health care arbitrationreparation offer arbitrationdenial of liability arbitration disclosure