Mediation, Demands & Crisis Management · Legal briefing
Confidential Settlements & Non-Disparagement
By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:
The practical dilemma
The publisher offers compensation and removal. How can the agreement address renewed publication?
The legal position
A settlement can specify removal, correction, payment and confidentiality, with lawful-reporting exceptions. Contractual confidentiality is not absolute privilege against courts or authorities, and mediation rules differ. A private agreement is not automatically enforceable as a judgment; judicial approval may be considered. Agreed breach damages remain subject to section 15 and possible reduction. Official source 1 Official source 2
Your next step
Specify what is removed, when, in which form and how compliance is recorded. Define confidentiality and exceptions and assess judgment approval. Avoid restrictions that purport to prohibit lawful or mandatory reporting.