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IS MEDIATION CONFIDENTIAL?

confidential mediation
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IS MEDIATION CONFIDENTIAL?

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One of the advantages of mediation is the degree of confidentiality. Confidential information discolsed to a mediator by the parties or witnesses during the course of the mediation will not be divulged without the student’s permission. All records, reports or other documents received by a mediator during mediation are also confidential.

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Yes, strictly confidential. What is discussed with the mediators is kept private and confidential. Mediators may not be called into subsequent legal action to testify on behalf of either party.

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Parker Mediation maintains strict confidentiality in its mediation program. The mediator and the parties sign an agreement that they will keep everything that is revealed during the mediation confidential. Confidentiality allows the parties to conduct the mediation in an open and safe manner. People are more secure sharing information when it cannot be used for purposes other than the mediation.

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Mediation is a private process, not open to the public. You will be asked to sign a confidentiality agreement before beginning mediation. The mediator is bound by law to keep confidential what is discussed in mediation.

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Anything stated during mediation cannot be used in any legal proceedings and the mediator will not discuss the details of your case with anyone. When mediators meet privately with a party they will not share any information from this conversation unless the party gives permission. When you are in a mediation session you will have control over any information you disclose. You need to balance this, however, with the fact that mediation tends not to work when parties omit things, or otherwise mislead one another about important, material issues to the dispute. MFR mediators and many others in the profession have a few important exceptions to keeping confidentiality, which include issues of: child abuse, elder abuse, threats of physical violence or plans to commit a crime.

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