Mediation
is private and confidential -
Only the parties involved, the mediator and agreed upon representatives
attend mediation sessions. Mediation is confidential, to the
extent you desire and agree, be that by statute, contract,
rules of evidence or privilege. Mediation discussions and
all materials developed for a mediation are not admissible
in any subsequent court or other contested proceeding, except
for a finalized and signed mediated agreement. Your mediator
is obligated to describe any exceptions to this general confidentiality
of mediation. Confidentiality in mediation may be waived in
writing, although the mediator may retain his or her own ability
to refuse to testify in any contested case. The extent of
confidentiality for any "caucus meetings" (meetings
between the mediator and individual parties) should also be defined.
Mediation
allows you to be well informed -
The mediation process offers a full opportunity to obtain and
incorporate legal and other expert information and advice. Mutually
acceptable experts can be retained. Such jointly obtained expert
information can be designated as either confidential to the mediation
or, as the parties desire, as admissible in any subsequent contested
proceeding. Expert advice is never determinative in mediation.
The parties always retain decision-making power. Mediators are
bound to encourage parties to obtain legal counsel and to advise
them to have any mediated agreement involving legal issues reviewed
by independent legal counsel prior to signing. Whether legal advice
is sought is, ultimately, a decision of each mediation participant.
