ABSTRACT
Confidentiality of the mediation process is fundamental to the progress of the mediation session, and works in two ways (with limited exceptions). Firstly, nothing mentioned in the mediation may be disclosed outside of the mediation without the consent of all parties. Secondly, everything disclosed to the mediator by a party remains confidential between that party and the mediator unless consent is given for the information to be disclosed. The only limited exceptions to these rules are where some serious criminal conduct is disclosed which requires the intervention of others (i.e. child protection issues) or where there is an order of court or tribunal that matters be disclosed. These limited exceptions rarely arise.
