Mediation is Confidential - Really!

When the pandemic hit, mediation, like so many other things, moved online. With it came many benefits, including convenience and comfort. But, it posed new challenges, such as confidentiality.

When we mediate in person, we can easily manage who is in the room. But when we’re all in our separate spaces and on video, we have to be extra clear about the privacy rules. Confidentiality is one of the main tenets in mediation so it’s extremely important we ensure that the only people in the room are the ones who are supposed to be there.

Unfortunately, we saw a spike in privacy violations in online court-connected mediations. But, we also saw the courts acted quickly and strongly to enforce confidentiality. At least one person spent a night in jail for violating the rule.

Why is confidentiality so important? For one, when people know their private business is going to stay private then they’re more likely to be open and honest in the discussions. it’s only with that kind of transparency does a good quality agreement come out of a mediation.

The other reason is simply about respect and dignity. People find themselves in mediation because things have gone wrong. They’re in a major disagreement with someone over something important. And this makes people feel vulnerable. Most people don’t want to have their vulnerabilities discussed in a large room full of strangers only to be judged for what they’ve done or not done. (That’s the courtroom I’m describing there, by the way.)

Ultimately, confidentiality is one of the big reasons why mediation works. It gives people an opportunity to discuss their feelings, their hopes and intentions, and to be vulnerable in a safe space.

If you want to talk confidentially, click here.

Photo by Kristina Flour