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V. Confidentiality & Information Exchange

1. Confidentiality/Release of Information

The mediator and any mediation administrative agency, whether during pre-mediation or mediation, should hold all information acquired in mediation in confidence. Mediators are obliged to resist disclosure of information about the contents and outcomes of the mediation process.

Reporter Note: These changes are intended to cover instances in which an employee of an organization performs intake functions rather than the mediator.

A mediator should obtain the consent of the participants prior to releasing information about their mediation to others unless otherwise compelled by law. The mediator should maintain confidentiality in the storage and disposal of records and should render anonymous all identifying information when materials are used for research or training.

2. Tape Recordings and Recorded Transcripts

Recordings or transcripts of mediation proceedings or conferences should not be permitted as being inimical to free and uninhibited discussion. The mediation agreement itself may be recorded in writing, tape or otherwise.

Reason: If an agreement is reached, and the parties are willing to put it on tape, it is cumbersome to have to stop and execute an agreement to do so when everyone could just acknowledge on the tape that they agree to the procedure.

Go to: VI. Self-Determination