Family law mediation is a confidential process, since anything that is discussed during the mediation session will not be repeated outside of the mediation session. Significant to the process is that the mediator is an unbiased and independent third person who holds no vested interest in the outcome of the mediation. Therefore, the mediator is generally bound not to reveal what parents have said in mediation; however, there are exceptions, such as:
But for these exceptions, family mediation exists as a confidential process, as 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 particular information, such as child abuse
- Where the mediator believes that it is necessary to reveal the information so as to prevent serious bodily injury or death to someone
But for these exceptions, family mediation exists as a confidential process, as distinct from going to court, where hearings are recorded, transcribed and even covered in newspaper articles and editorials.
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