Confidentiality is a cornerstone of the mediation process. Mediation is perhaps the most confidential forum and process available. It is a safe forum for the private reality testing of potential agreements, sharing worries and concerns, and a safe forum for making sure communications are heard and understood by each other.
This means that we, Resolve, won’t repeat anything you say – the things you choose to share, the stories you tell, the agreements you make – all stay confidential within our service.
Confidentiality is an overriding principle which applies to the conversations held in mediation, this however is subject to certain exceptions outlined below
1) Where a mediator suspects that a person, particularly a child or vulnerable adult, is in danger of significant harm they must ensure that the relevant authority is notified.
2) Where a mediator becomes aware of any criminal activity, the knowledge of which would be would classify as a crime, the mediator must terminate the mediation
In contexts where any proposals agreed in mediation involve people who have not participated in the discussions, mediators must ensure that arrangements to share the appropriate information are agreed, understood by the participants, and laid out in any written outcome of mediation.
For example, education staff who attend the mediation may need to share information about the process and any agreements with colleagues such as teachers, support staff, therapists, educational psychologists who would need to be involved in carrying out the agreements reached for the child or young person.
Confidentiality issues, concerns and explanations shall be an ongoing conversation from referral and throughout the process.
Resolve should always gain the agreement of each participant for any information to be shared and with whom. Resolve will be transparent with all those involved about their role in the sharing of information throughout the process.
Resolve cannot maintain control over what any participant in receipt of a written summary decides to share in relation to any outcomes or actions discussed during mediation after your engagement with our service concludes.
We are happy to discuss any concerns you have with the management of this policy.