Confidentiality in Mediation Discussions 2025

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A voluntary and confidential process If you do not want to take part in mediation, you do not have to. Mediation is voluntary and confidential.
In contrast to court proceedings, which are open to the public, the mediation process is private and confidential. Anything said or produced in evidence at a mediation session cannot be used in a later hearing, except in exceptional circumstances.
All communications, negotiations, or settlement offers in the course of a mediation must remain confidential. Statements made and writings prepared in connection with a mediation are not admissible or subject to discovery or compelled disclosure in noncriminal proceedings.
Everything you say in mediation is confidential. If you have children, your mediator will normally focus on whats best for them and their needs. The mediator might even talk to your children if they think its appropriate and you agree to it.
The mediator shall not be inquired of or called as a witness or deponent in any proceeding related to the dispute in which the mediator served, or be compelled to produce documents that the mediator received or prepared for mediation.

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The parties may not disclose discussions or other communications with the mediator unless all parties agree, because it is required by law, or because otherwise confidential communications are relevant to a complaint against a mediator or the Mediation Program arising out of the mediation.
Confidentiality in mediation means that the information disclosed during the mediation process cannot be used outside of it without the consent of the parties. This principle creates a safe space for participants to discuss their concerns, explore solutions, and negotiate openly without fear of reprisal or exposure.
Mediation crucially relies on the assurance that discussions and disclosures made during the process remain private and are not disclosed outside the mediation setting. This confidentiality principle fosters candour and openness, essential for the successful resolution of disputes.

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