Mediation is a way to resolve disputes outside of court. During the mediation process, you and your spouse will meet with a mediator to discuss your issues and come up with solutions to resolve them. The mediator is not allowed to tell anyone what goes on in the mediation, including other lawyers or family members.
That means that everything you say during mediation is confidential. It also means that documents such as financial statements or tax returns cannot be shared with anyone else without your permission
If it weren’t for mediation being confidential, there would be no incentive for people to try to settle their disputes through mediation rather than going straight to court. Keep reading for more information on confidentiality during mediation:
Mediation Is Confidential
Mediation is a process where the parties reach a settlement without the Court’s involvement. The mediator works with both parties to try to find a solution that works for everyone involved. In order for the process to work, both sides need to be open and honest with each other about their needs and positions. If one side is unwilling or unable to do so, then they are unlikely to reach an agreement that works for everyone. Therefore, it is in everyone’s best interest if everything discussed during Calgary divorce mediation remains confidential.
The Reason For Confidentiality
Confidentiality helps the parties focus on problem solving rather than worrying about how their dispute will affect them personally or professionally. It also helps them feel safe enough to be honest and open with each other, without fear that anything they say will be used against them later on. Without confidentiality, people may be reluctant to participate for fear of what might happen if their personal information got out into the public arena or if they were not able to present as full and complete an argument as they would like because they did not want others knowing what their positions or interests were at the time.
Exceptions To Confidentiality
There are some exceptions to confidentiality including situations where there is imminent danger of harm to someone’s health or safety (such as domestic violence or child abuse). In these cases, it may be necessary for someone other than the Calgary divorce mediator (for example a police officer) to intervene and remove one or more people from the situation until it can be resolved peacefully between all parties involved.
Mediation Offers A Supportive Environment To Help Resolve Your Dispute
The opportunity to resolve a dispute without the cost and stress of court is a win-win for most people. Questions about confidentiality can have a big impact on someone in such a situation, and it’s important to understand that mediators typically view confidentiality as an important aspect of the process. In the end, understanding the potential benefits of mediation—along with your rights and privileges during the mediation process—may help you decide if mediation is right for your particular situation.