Why Confidentiality is So Important During Mediation

confidentiality in mediation proceedings

Why Confidentiality is So Important During Mediation

Confidentiality is an important part of mediation for many reasons. It is a big reason why couples do their best to avoid going to court when they file for divorce. When a divorce reaches the trial stage, it becomes part of the public record. Anyone can file for divorce and keep the terms of the divorce private if they use mediation. Mediation doesn’t just help couples filing for divorce. Many business partners and other people enter into mediation to resolve their disagreements. Avoiding trial keeps these issues private. Today, the Shapiro Mediation team will discuss the benefits of confidentiality in mediation.

Keep Issues Out of Public Eye

The most important benefit of confidentiality in mediation is that it keeps your issues out of the public eye. Whether you are attending a mediation for a divorce, for business problems, for contract disputes, or any other issue, confidentiality in mediation proceedings makes it easier and less stressful to resolve your conflict. It is stressful enough that you are in a dispute with someone, but it can make matters much worse when the public knows the details of the dispute.

mediation confidentiality

Resolve Important Issues Quickly

Generally speaking, a trial can take years to complete. If you opt for mediation, you can resolve your issues within weeks or months, as opposed to years. This is due in large part to the fact that a mediator will not make a decision for you. Instead, the mediator will push you and the other party to continue moving forward in your discussions until a resolution has been reached.

Save Money

Both parties will be able to save money when the mediation route is taken instead of forcing the issue to a trial. You will save money on court fees and attorney fees since the mediation process is much quicker to complete than going to court. In fact, some cases that reach mediation are often resolved in a matter of hours if both parties are committed to reaching an agreement.

Control Over the Resolution

The importance of confidentiality in mediation also shows in the control over the resolution. When you take an issue to mediation, you have more control over the way the case will be resolved. When the case reaches court, you have to rely on the decision by the judge. You have zero control over what the judge decides, even if you provide plenty of evidence to prove your side of the case.

Mediators Cannot Testify in Court

Confidentiality is so important in mediation that mediators are not allowed to testify in court. Why? The law does not allow mediators to be witnesses in any court case involving discussion of the mediation he or she oversaw for the mediating parties. In fact, many mediators tend to destroy notes taken for their sessions once the issue has been resolved. There are mediation confidentiality exceptions, and they occur when the case involves actual criminal actions, threatened criminal actions, and/or child abuse.

mediation confidentiality exceptions

In Need of a Mediator? Call Shapiro Mediation Today

Do you or a loved one need an experienced mediator to resolve an issue with your spouse or business partner? If so, it’s time to call Shapiro Mediation Services to schedule an appointment. Call our office at (339) 298-7733 or complete our online contact form to get connected with our team.