Mediation in family law is a confidential process, in that anything discussed during the mediation session will not be repeated outside of the mediation session. Furthermore, the mediator is an unbiased and independent third person who has no interest in the outcome of the mediation. Hence, the mediator is generally bound not to reveal what the parents have said during the mediation session, albeit there are exceptions to this, including:
Outside of these exceptions, family mediation exists as a confidential process, which is distinct from going to court, where hearings are recorded, transcribed and even covered in newspaper articles and editorials.
- Where an existing law requires the mediator to report information on specific issues, such as child abuse
- Where the mediator believes that it is necessary to reveal such information in order to prevent serious bodily injury or death to someone
Outside of these exceptions, family mediation exists as a confidential process, which is distinct from going to court, where hearings are recorded, transcribed and even covered in newspaper articles and editorials.
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