Confidentiality in Victim Offender Mediation: A False Promise?

Source: (2004) Journal of Dispute Resolution. Pp. 401-427.

Confidentiality is one of the chief principles of mediation, and mediators often promise to maintain confidentiality of what is discussed in a mediation process. Mary Reimund cautions, however, that this may be a trap for the unwary, especially in victim offender mediation. The promise of confidentiality is not an impermeable shield. The legal status of confidentiality in mediation remains unsettled and problematic. Reimund underscores this issue in this article. In doing so, she attempts to provide a framework whereby victim offender programs can seek confidentiality while averting potential disaster. She does this by explaining the philosophical goals of restorative justice, the victim offender mediation process, mediation in relation to restorative justice, areas of concern about confidentiality in mediation, and relevant statutes and cases.