Law Department

MEDIATION
Mediation is a process that allows parties to talk in a setting with someone who will help them communicate with each other to resolve a problem or disagreement.

MEDIATOR
A mediator is a non-biased person who helps people communicate in a safe, structured setting. A mediator is not a judge and will not make decisions for the parties. A mediator will not force you to enter an agreement.

CONFIDENTIALITY AND PRIVILEGE IN MEDIATION

As soon as you are in contact with someone in the Mediation Program, all of your communications are privileged and confidential. We cannot share your statements with law enforcement, prosecution, or any other person without your agreement.

          Confidentiality is controlled by the parties. The parties can agree about how information is shared with other people, including on social media.

Privilege is controlled by law. Like doctor-patient or attorney-client privilege, Mediation communications are protected. Our Intake Staff, Program Coordinator, and Mediators cannot be compelled to testify about things that are said in Mediation – with some exceptions.

Exceptions to confidentiality and privilege

• Mediators can tell us if the Mediation occurred or was terminated, whether both parties appeared, and whether you reached an agreement;
• Mediators can tell us anything that the parties allow the Mediator to disclose;
• Mediators MUST disclose the following:
  • Statements that are evidence of abuse, neglect, abandonment, or exploitation of an individual;
  • Threats of harm to other people or to oneself;
  • Statements to plan or to hide an ongoing crime;
  • Statements that reveal a felony