Confidentiality is of paramount importance in mediation.  Mediation is not recorded and the negotiations may not be shared with a Court or Judge. Therefore, confidentiality ensures that the mediation process is trusted by mediation participants. Confidentiality is crucial in mediation because it fosters a safe space where participants can openly discuss their issues without fear that their statements will be used against them in Court.  Confidentiality in mediation encompasses several key aspects:

1. Encouraging Open Communication:  Participants are more likely to speak candidly and share information essential for resolution when they know that their negotiations will not be disclosed to a Court or used in future legal proceedings.  Often times, negotiation in mediation is focused on topics that might not be viewed as relevant in a Court.  This openness and ability to discuss matters relevant to the participants and their lives facilitates better understanding and practical resolutions.
2. Protecting Privacy: Confidentiality safeguards the personal and sensitive information of the mediation participants. It ensures that details discussed in mediation remain within the confines of the mediation session, preventing public exposure or misuse.  Most people prefer to not discuss their private matters in a Court open to the public.
3. Promoting Trust: It is important that participants trust their mediator and the assurance of confidentiality fosters that trust. It helps build a collaborative environment where participants feel secure in having a civil dialogue and working toward a mutually acceptable resolution.
4. Encouraging Settlement: Confidentiality encourages participants to explore all possible solutions without the worry that their proposals will be used against them if negotiations fail.
5. Confidentiality in Shuttle Mediation:  If participants are in different rooms during mediation, each room also has a level of confidentiality.  Any participant may ask the mediator to not share information with the other participant.  This is not common but is usually related to money negotiations when a participant might tell the mediator to not share that their money offer may increase as mediation progresses.

Although confidentiality is of paramount importance in mediation, confidentiality in mediation is not absolute. Mediators must report child abuse and neglect and threats of harm to self or others. Confidentiality exceptions should be outlined in mediator contracts and in mediation rules created by the jurisdiction in which you are mediating.  

Overall, the principle of confidentiality is essential for the success of mediation, as it creates an environment conducive to honest, effective, and collaborative problem-solving.  Please contact Ann at 317-732-8585 or ann@thrashermediation.com if you have any questions about confidentiality in the mediation process or other topics related to mediation.