Confidentiality
From WikiMediation
Mediators are bound by confidentiality in most cases in the exercise of their activities.
Confidentiality is an ethical duty of the mediator towards the parties. The mediator must not reveal anything about the mediation process including the subject, the conversations and the consulted documents that have been exposed during interviews and meetings.
This confidentiality is part and framed within mediation. The mediator must not be taken as a confidant by either party. The parties commit themselves to the principle of confidentiality. They are the only ones, by mutual agreement, allowed to disclose all or part of the mediation.
In case of the mediator would have heard and understood some information that could prevent him from serenely leading the mediation process, as a professional, he must refer to his professional organization or council (Code of Ethics and Deontology of Mediation), before any disclosure outside the mediation.
In France, the legal texts stipulate that the "report" of mediation has only to precise if the mediation process has or not reached on an agreement. Legally, this principle of confidentiality is not yet a strict rule applied for all cases of mediation. Thus, in Labour Law, in the context of collective disputes, confidentiality seems to be less assured since the mediator's report shall present his comments and those of the parties. This report may be used, if necessary, during an arbitration proceeding or be officially announced by the Minister of Labour.
