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Confidentiality

Mediation is confidential in 4 ways.

  1. It is confidential by law. Nothing said or done in mediation can be used against you in a court or tribunal. This means is it "without prejudice to your legal rights".

  2. When you mediate with us, you sign an Agreement to Mediate setting out terms and conditions for the mediation including a confidentiality clause applying to all attendees who like you are bound by what you sign. This adds to confidentiality.

  3. In mediation you have private and confidential sessions with the mediator when the other side is not present. You can discuss strengths and weaknesses, tactics and any worries or concerns you have. Being frank and candid with the mediator means the mediator can ensure you interests and needs are addressed and help you. The mediator checks carefully and only uses such information with the other side as you have expressly allowed to be disclosed.

  4. Finally, your legal rights do not change unless or until you sign a written contract after it has been thrashed out to be what both sides can accept and do. However, in workplace mediation this document is rarely contractual. You settlement agreement or list of actions to be taken and by whom with how and when, is usually a statement of intention of how you and the other party relate with more ease with another person at work.

Confidentiality means a golden opportunity to say what needs to be said without fear of any come back.


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