Confidentiality & Ethics

Jacqueline Hawley
Mediator

“Focusing beyond differences to visualize and achieve shared goals”

Confidentiality and Ethics

The mediator conforms to Ethical Standards set by the Association of Conflict Resolution

(Model Standards of Conduct for Mediators, 2005 (AAA, ABA, SPIDR)

Confidentiality

In order to allow free and open discussion of all issues and concerns, all stages of the mediation are private and confidential, with the rare exception that mediators are required to report knowledge or suspicion of human endangerment.

Furthermore confidentiality of mediation is protected under California Evidence Code sections 1115-1128, which means that mediators cannot be forced to testify in any later court hearing, and parties to the mediation cannot use information gleaned during the mediation as part of their case.

The mediation begins when the first contact is made with the mediator, and ends when all parties have signed a written settlement agreement, or until all parties receive certified written notice that one party has withdrawn from the process.

All parties to the mediation will be asked to sign a confidentiality agreement before the process can begin.

If at any time during the mediation any party wants to talk privately (“caucus”) with the mediator, or their own representatives, such discussions will fall under the Confidentiality Agreement, and no information revealed in caucus will be revealed to other parties without express permission.

Ethical Standards

Mediation is a process in which an impartial third party – a mediator – facilitates the resolution of a dispute by promoting voluntary agreement (or "self-determination'') by the parties to the dispute. A mediator, bound by impartiality and confidentiality, facilitates communications, promotes understanding, focuses the parties on their interests, and seeks creative problem solving to enable the parties to reach their own agreement. The mediator may then assist the principals in writing the agreement to avoid any ambiguity. The mediator’s adherence to these standards gives meaning to the definition of mediation.