Mediator Tips
The Importance of Confidentiality

The mediation process is helpful for many people because it is confidential. All conversations and work products, including various scenarios for resolution generated during the process, are held in confidence (e.g. notes are destroyed, mediators do not discuss cases or make statements to the court). However, a mediated agreement is not a confidential document unless it is stated within the text of the agreement.

Confidentiality creates a more confortable setting for participants in mediation, which allows for better facilitation and more open dialogue. Because of confidentiality, individuals are more likely to open and share.

Make sure that the confidentiality part of the agreement to mediate form is sufficiently covered during the introduction.