Is Mediation a confidential or public process?
Mediation is, very much, a private and 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 to be more frank and open with each other and not so afraid of showing their true hand. Therefore, all sides are better able to understand the full situation which helps find common ground. This has been tested by our courts whereby, a party attempted to introduce happenings and information gained from a mediation as evidence in an employment case. Upon appeal, the courts ruled that confidentiality is a fundamental aspect of mediation and the courts must respect this. As a result, any happenings or information learned at mediation can not be relied upon as evidence in subsequent court trials.