Confidentiality in mediation means you agree to not discuss what happens during the mediation with others. The other party agrees to not discuss what happens during the mediation with others. And the mediator agrees not to discuss what happens during the mediation with others. This provides a protected environment in which frank discussions can take place and a willingness to negotiate won't be later punished.
For example, say you are getting divorced and have been sent to mediation to discuss visitation and custody. Your divorce papers say you want joint physical custody but during the mediation you try to negotiate, saying you would allow your former spouse to have primary physical custody if you can have more generous visitation than that being offered by your state. If the mediation does not end in an agreement, your former spouse can't go to court and use your words against you, saying you at one point agreed to granting sole custody. More importantly, neither of you can subpoena the mediator. Any subpoena will be quashed so the mediation does not become a pawn in game playing.
A good mediator will review confidentiality with you before you begin to mediate. If illegal and/or unethical activities are revealed during mediation, the mediator will stop the mediation and call the proper authorities. So if you have broken the law, committed computer fraud, etc. don't discuss it during the mediation because those activities are not covered by the confidentiality clause.
For example, say you are getting divorced and have been sent to mediation to discuss visitation and custody. Your divorce papers say you want joint physical custody but during the mediation you try to negotiate, saying you would allow your former spouse to have primary physical custody if you can have more generous visitation than that being offered by your state. If the mediation does not end in an agreement, your former spouse can't go to court and use your words against you, saying you at one point agreed to granting sole custody. More importantly, neither of you can subpoena the mediator. Any subpoena will be quashed so the mediation does not become a pawn in game playing.
A good mediator will review confidentiality with you before you begin to mediate. If illegal and/or unethical activities are revealed during mediation, the mediator will stop the mediation and call the proper authorities. So if you have broken the law, committed computer fraud, etc. don't discuss it during the mediation because those activities are not covered by the confidentiality clause.
RSS Feed
