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01-05-2013, 01:10 AM
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Originally Posted by mouser View Post
One of the key concepts of mediation and mediators is that both sides of a disagreement should be able to trust the mediators with information they wouldn't give to the other party in the dispute.

If mediators could be called into court to weigh on the conduct of either party it could undermine the independent role that mediation is supposed to serve.

While true in theory, the legalities might be different. It is reasonable to expect a mediator to maintain silence about the inner workings of a negotiation but I can see the courts compelling them to divulge information and, if that happens, I do not think the mediator should be blamed for doing what they are legally compelled to do. Confidentiality is not absolute when it comes to the law and I cannot see it being any different for a mediator if the two parties end up in court.

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