ABSTRACT
Confidentiality is integral to the relationship between the mediator and the parties, is one of the four fundamental and universal characteristics of mediation. Mediators have a duty to make clear to the parties at the outset that communications between them and the mediator are made in confidence, and that the mediator must not disclose any information about, or obtained in the course of mediation to anyone, including the court, solicitors, court welfare officers, social workers, or doctors, without the express consent of each participant or an order of the court. Therefore, the promise of confidentiality does not prevent the mediator from disclosing information in the exceptional circumstances where there is substantial risk to the life, health or safety of the parties, their children or anyone else. Mediation as an alternative to litigation occurs nonetheless within a legal framework. The UK College of Family Mediators has clarified the requirements of privilege in relation to legal proceedings for family mediators.
