Is Mediation a confidential or public process?

Mediation is very much a private confidential process unless all parties present agree otherwise. The confidentiality aspect is one of the features that makes mediation work. Having this protection facilitates the parties being more frank and open with each other and not so afraid of showing their true hand, thus all can understand the full situation better which helps find common ground. This has been tested by our courts whereby a party attempted to introduce happenings & information gained from a mediation as evidence in an employment case. Finally upon appeal, the courts ruled that confidentiality is a fundamental aspect of mediation and the courts must respect this. Any happenings or information learned at mediation can not be relied upon as evidence in subsequent court trials. back