“RJ dialogue processes, Are they confidential? Erosion of confidentiality in some jurisdictions is cause for careful evaluation.”

Source: (2001) VOMA Connections no. 9 (Autumn): 1, 10-11.

Confidentiality of information in mediation is emphasized in mediator training and in the mediation itself. Yet, according to the authors, erosion of that confidentiality appears to be occurring due to various state statutes, court and administrative interpretations, and the proposed Uniform Mediation Act. In this article the authors detail the ways in which absolute confidentiality is being questioned or even qualified, and the implications of all of this for mediation facilitators