Confidentiality and the Law. Unless otherwise agreed between the parties in writing, this mediation procedure provides that what happens within the mediation process is to be treated as confidential by the parties, the mediator and The Mediation including the terms of settlement. However, the fact that mediation is to take place or has taken place is not normally made confidential as one or both parties may wish to claim credit for agreeing to engage in mediation or may have been directed to attend mediation by a public court. If it is desired that the fact that mediation is taking place should be confidential then the Mediation Agreement can be amended to this effect to reflect the mutual desire of both parties. The Mediation Specialists is also bound by confidentiality and will keep confidential information which the mediator may share with The Mediation Specialists for the purposes of case reports, professional development and training or queries regarding professional conduct. In addition to circumstances where the parties may agree in writing to waive confidentiality in situations which would normally be considered confidential, there are rare circumstances where the confidentiality of the mediation process cannot be preserved such as: • The mediator, or any party or their representative is required by law to make disclosure. • The mediator reasonably considers that there is a serious risk of significant harm to the life or safety of any person if the information in question is not disclosed. • The mediator reasonably believes that there is a serious risk of being personally subject to criminal proceedings unless the information in question is disclosed. This may arise, for instance, in relation to duties under the Proceeds of Crime Act 2002 or related legislation or any other legislation.
