The Mediation Process
Confidentiality and Impartiality
Why is confidentiality so important? Confidentiality is a critical element of successful mediation. In order for the mediator to understand the central issues, motivations, and surrounding circumstances, there must be full disclosure and complete honesty. The participants in this process can be assured the discussions cannot and will not be disclosed to others so all may speak openly.
The mediation process is always confidential, unless the parties specifically want the information to be available in the public domain. At JK & Associates the mediator will present a specific agreement that must be read, understood, and signed by all of the parties involved in the process. The parties are required to adhere to the terms of the agreement before the mediation process can go forward.
This agreement includes but is not limited to the following items:
- That the Mediator is an impartial facilitator who will assist the parties in reaching resolution.
- That the Mediator does not make decisions or tell the parties what to do.
- To be open and honest communication is essential component of being a Mediator.
- That the parties will give full and honest disclosure to the Mediator and each other.
- Giving the Mediator all facts and materials that would be available through civil discovery.
- That all written and oral communications, negotiations, and statements made in connection with the mediation process will be treated as privileged information.
- That the Mediator is not an Attorney and cannot give legal or administrative advice.
It is important to know that Mediators will be impartial and accountable to the process. JK & Associates mediation process is a sacred trust between the parties and the Mediator. To that end, every session will be held in a confidential and impartial manner.