Training Manual > 10 - Groups > Confidentiality
Confidentiality
It is important for groups to define the degree of confidentiality they expect and desire in the mediation. The larger the group, the harder it generally is to maintain confidentiality of discussion in the sense of no participant discussing matters outside of the mediation discussions. In fact, one may question whether this is generally desirable. Allowing participants to discuss the issues being mediated with outside advisors and constituents can be an important matters in terms of capacitating and legitimizing their participation in the mediation. In some situations, particularly those involving governmental entities deliberating substantive issues, it may well be that some sort of public meetings law may require that the mediation discussions themselves be open to the public. On the other hand, groups will sometimes desire to impose a "gag order" on themselves, agreeing to not speak to members of the press or the like, at least during the pendency of discussions.
One aspect of confidentiality that most groups tend to favor, even if they view their discussions to otherwise be open or capable of being shared with outsiders, is that nothing said in the mediation should ever be used against any party in any subsequent court, administrative or other contested proceeding. Most groups will agree to this extent and commonly put such a limited confidentiality agreement in writing. The mediator may also want to be a party to such agreement further providing that the mediator may not be subpoenaed to testify or provide materials in any possible contested proceeding between the parties or any of them.
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