Understanding Confidentiality in Mediation
Confidentiality is a cornerstone of the mediation process. It’s what allows open and honest conversations to happen and what provides the safety for people to offer up creative solutions. This means you can rest assured that the details of your discussions, offers, and negotiations are not disclosed to anyone outside the mediation unless you and the other party agree otherwise, or unless the law requires it.
Knowing that what you say can’t be used against you means you can speak openly and honestly. Do you want to make an offer but you’re worried about how it will affect the rest of your case if the mediation isn’t successful? With confidentiality, you can use this opportunity to test out your offer without fear of what could happen in future litigation. You also don’t have to worry about sensitive information like your financial details becoming part of the record. Litigation doesn’t offer this type of broad protection.
The confidentiality rule covers the mediator and both parties. This means after our session I will destroy any notes that I take during the session. I will not share any information I learn during the session. Both parties also agree they will not share the information. This would cover formal sharing with your attorney and even casual slips to friends and family. What happens at mediation stays at mediation.
There are some exceptions to the general confidentiality rule. If you reveal information about child abuse, threats of harm, or other matters that require mandatory reporting by law, the mediator may have to disclose that information. And if you sue your mediator for malpractice, she is allowed to defend herself by sharing records.
Key Takeaways
Broad protection of confidentiality is a large part of what can make mediation successful.
You should expect your mediator to cover the rules of confidentiality at the start of your session. You can ask your mediator to explain confidentiality rules specific to your case.
If you have concerns about privacy, discuss them with your mediator.
If you think mediation could work for you, book a free consult below!