Confidentiality in the meetings

Mediators must not disclose any information about, or obtained in the course of a mediation to anyone, including a court welfare officer or a court, without the express consent of each participant, an order of the court or where the law imposes an overriding obligation of disclosure on the mediator.

Mediators must not discuss the mediation or correspond with any participant's legal advisor without the express consent of each participant. Nothing must be said or written to the legal advisor of one party regarding the content of the discussions in mediation which is not also said or written to the legal advisor(s) of the other.

Where a mediator suspects that a child is in danger of significant harm, or it appears necessary so that a specific allegation that a child has suffered significant harm may be properly investigated, mediators must ensure that the relevant Social Services department is notified.

The mediator may notify the appropriate agency if he or she considers that other public policy considerations prevail, such as an adult suffering or likely to suffer significant harm.

Where a mediator suspects that he/she may be required to make disclosure to the appropriate government authority under the Proceeds of Crime Act 2002 and/or relevant money laundering regulations, he/she must stop the mediation immediately without informing the clients of the reason.

Christine Parker

mediator

Confidentiality in the meetings

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