Did you know that mediation is a confidential process?  What does that mean?  Whatever is said during a mediation consultation and during mediation sessions, and all other communications during the mediation process are confidential.  This communication cannot be used later in a court setting if the mediation ends.  The only document admissible in court is the agreement made between the parties.

Also, the mediator cannot be called to testify in court as to anything that was discussed during the mediation process.  The parties can talk to whomever they please about the mediation, but the mediator will not do so.  The mediator keeps the information she hears confidential.  However, should there be any discussion of possible child abuse or the commission of a crime of violence, the mediator will report such information to the authorities.

The courts and legislature of California have repeatedly held steady to their decision to keep mediation confidential.  Why do the legislature and the courts uphold this aspect of mediation?  They want the parties to be able to freely exchange information and ideas for agreement without the fear that it will be used against them by the other party later in court.  This free exchange between the parties leads to the creative brainstorming that results in mutually agreeable solutions.

This entry was posted on Monday, May 10th, 2010 at 1:24 pm and is filed under Conflict Resolution Tips, Mediation Info, News. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.