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Why Is Confidentiality Important in Mediation?

I was recently asked why Confidentiality is important in the Mediation process. Primarily, confidentiality exists to protect parties from being bound by options they discuss during the mediation.

Mediation is a very different process than the Court process. As a participant in mediation, you will be asked to negotiate in good faith and with an open-mind. The mediator will help the parties creatively explore options to the problems they are experiencing. Some options may work and some may not. However, it’s important that participants are able to consider options and make proposals without the threat of the other party using any proposals or communication during a Future Court proceeding.

Confidentiality is also in place to protect the Mediators from being called to testify in future court proceedings. Mediators are neutrals and their role is to help facilitate conversations. It is not the role of the mediator to pass judgement or determine which party is right or wrong. If mediators were called to testify they would be asked questions that would compromise their neutrality.



This post first appeared on Lighthouse-mediation, please read the originial post: here

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Why Is Confidentiality Important in Mediation?

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