in Arbitration and Mediation
Asked October 12, 2021

Mediation - confidentiality

  • 1 Answer

I'm the sole proprietor of a company and I entered into a vendor agreement with another company. The other company put forth a clause that in case of dispute, mediation would be used to settle the dispute. Now, a dispute regarding payment has arisen but I want to keep things confidential. If the matter goes for mediation, will confidentiality be lost and will the dispute be out to the public? Is there a possibility of private mediation sessions that are confidential?

Answer 1

If you are looking to settle disputes through mediation, ultimately confidentiality will depend upon the mediator as well as the parties. To ensure fairness, insist that a neutral third party be appointed as the mediator. Also, for confidentiality, get written assurances from the mediator and the opposite party about it. Further, private mediation sessions can be insisted and caucus sessions (confidential and private sessions between the mediator and just one party) can be undertaken. 

Agree Comment 0 Agrees about 2 months ago

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