Confidentiality in mediation: scope and limits

Sometimes we mediators are like some tightrope walkers in the middle of the cable of a complex process where confidentiality is like that long pole that helps us in that difficult balance at heights.

Confidentiality is a fundamental principle in the mediation process, since it allows creating a safe and trustworthy environment between the parties involved. However, it is important to understand the scope and limits of this principle to guarantee effective mediation that respects the rights of all people.

Perhaps the first aspect to highlight and that can mark the rest of the entire mediation in verbalization to the mediator of that privacy necessary for the sessions. Confidentiality means that everything discussed and shared during the sessions mediation is kept strictly confidential. Neither the mediator nor the parties may reveal information about the process to third parties without the consent of all those involved.

This aspect will be the basis to cement a relationship of trust and cordiality that can push mediation at certain times.

Of course, this privacy is included in a special way. protection of sensitive information. Confidentiality allows parties to share sensitive or personal information without fear of it being used against them. This encourages openness, honesty during the mediation process and feeds our most intangible asset: our prestige as mediators.

That prestige will later act as a vector of trust. When we guarantee confidentiality, it creates that necessary environment in which the parties feel comfortable to express your concerns, interests and needs without fear of repercussions.

But also that privacy has its limits, let's see what they are:

The first are, obviously, legal obligations. In some cases, the mediator may be required by law to disclose information, such as in situations of abuse, violence, or imminent danger to people's safety.

The second aspect that conditions us is the mediation agreements themselves: Confidentiality does not extend to final agreements reached during mediation, which may be public and legally enforceable.

And finally, the call supervision and training: In some cases, the mediator may need to share information with supervisors or trainers, as long as the anonymity of the parties is maintained.

It is important as we see, that both the mediator and the parties clearly understand the scope and limits of confidentiality in mediation since this is also part of the trust necessary for the smooth running of the process. This will help establish realistic expectations and to guarantee that the process is carried out in a transparent manner and respectful of the rights of all people involved. Don't forget, if you are not clear about the scope and limits of mediation your balance number may not work.

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1 thought on “Confidencialidad en la mediación: alcances y límites”

  1. Totally agree with this Post. One of the most important principles on which mediation is nourished is confidentiality. Not only does it guarantee the privacy of those who come to it, their sessions, conversations and possible agreements, but it also makes mediation the guarantor of those mediated, thereby making, among many other things, mediation the best way to manage conflicts.
    Congratulations to Mr. José Carlos Cabrera Medina for his contribution and to the EIM for sharing it.
    A special greeting to everyone.
    Gabriel Fernández Valverde (Gaby). Mediator.


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