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Archive for October, 2022

How Important is Confidentiality to the Mediation Process?

Saturday, October 15th, 2022

At Blue Sky Mediation Center, our experienced San Diego County mediator knows privacy is one of the central reasons many people choose mediation to resolve both personal and professional disputes outside of the courtroom. The broad scope of the mediation privilege allows for a safe space to openly discuss all aspects of a dispute.

We also know that confidentiality is what sustains the integrity of this dispute-resolution process.

Here is why.

Choosing Mediation Over Litigation Requires Trust in the Process

When two or more parties are having difficulties resolving their dispute, it is often because they simply do not have the tools or resources to effectively communicate and settle their conflict. The parties oftentimes fear the threat of communications becoming part of future or pending litigation.  Mediation protects all communications that arise in the process and allows them to remain fully confidential.

Mediation has emerged over the past few decades as an extremely successful tool to resolve these disputes without entering a courtroom or allowing a judge or jury to make decisions for those involved.

The mediator, like ours at Blue Sky Mediation Center, provides a relaxed and informal environment — which can be the comfort of each party’s own home, office, or wherever they choose — that facilitates and encourages the free exchange of pain points, ideas, and negotiating potential to resolve the conflict, without tempers flaring.

In short, the goal of any mediation session is to reach a settlement between the disputing parties.

Trusting the process means finding middle ground through negotiations and allowing interactions that get the involved parties to communicate “off the record.” When disputing parties trust the process, and know with certainty that the sessions are confidential, it allows each to engage in more honest, transparent, and meaningful interactions and explore potential resolutions that work for everyone without fear that the proposals or settlement offers will be used against them. Instead, the exchange can be considered as a starting point for continued dialogue, which — when facilitated properly — typically result in a legally binding resolution.

What is Considered Confidential During Mediation Sessions?

Typically, anything that gets said at mediation will be considered confidential.

That includes:

  1. Statements / Admissions Made
  2. Certain Documents and Evidence Submitted
  3. Monetary Negotiations
  4. Final Resolutions

What is more, all parties are strictly prohibited from inserting content from mediation negotiations into their court cases, if they cannot reach a settlement and continue with litigation.

Finally, the actual mediator’s statements, findings, and recommendations, if any, will also be considered confidential. Mediators cannot testify in the court case, and are generally barred from speaking with the judge, except for reporting whether a case settled or not.

If you would like to solve your personal or professional dispute outside of the courtroom, we are here to help provide a confidential negotiation platform that produces results.

Contact Blue Sky Mediation Center Today to Discuss Your Dispute Resolution Needs

Whether you are involved in a business dispute, beneficiary conflicts, employment disagreements, or are seeking solutions to personal injury negotiations, contact our San Diego County mediator at Blue Sky Mediation Center at 760.454.7277 or contact us online to schedule a free consultation to discuss your legal needs today.

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