The Importance of Confidentiality in Mediation

When you start mediation, you want to know that you can trust your mediator completely. A resolution isn’t possible if you or the other party doesn’t trust the mediator sitting next to them. A crucial part of building that trust is confidentiality. Confidentiality is one of the most important aspects of mediation. Here’s why:

Confidentiality allows parties to be completely honest

A mediator must create a safe space so that all parties can have an open and effective dialog. However, this won’t occur if either party feels that their words could be used against them. Thankfully, everything said in mediation stays in mediation, and a mediator cannot be called to testify against either party in court over what was said in mediation. This allows both parties to air their thoughts and feelings, and thus get closer to a solution. The mediators will not record, keep any notes or records pertaining to your mediation and the mediator will destroy all notes taken.

It emphasizes the neutrality and fairness of the mediator

A mediator is never supposed to take sides. If one party feels as if a mediator is favoring the other party, then it’ll be impossible to come to a resolution. A mediator must remain neutral and fair, and they do this by ensuring the confidentiality of both parties, not just one.

Are there exceptions?

We’ve made the point that confidentiality is crucial for a successful mediation. All mediation will remain confidential unless during a mediation, statement(s) that could be considered as serious threats or reference of abuse or illegal behavior are discussed.

Overall, though, confidentiality is an essential component to a successful mediation proceeding. You need a mediator that you can trust, and Metropolitan Mediation Services can provide the trust you need. Call us today at  (314) 452-1533 to request a mediation.