How is the issue of confidentiality treated in a mediation process?

In South Carolina, the issue of confidentiality in mediation is covered by the South Carolina Rules of Civil Procedure, Rule 17, which states that all mediation communications are confidential and may not be used or disclosed in any way in any other proceedings. Mediators must keep all information confidential and may not disclose any communications made during mediation to any third parties. Additionally, all communication, negotiations, and settlement agreements made during mediation must be treated as privileged and confidential. The confidentiality of the mediation process is also protected by the South Carolina Supreme Court. The Court has ruled that the mediation process must remain confidential, and that any party to the dispute who breaches this confidence can be held liable for damages. This means that any information shared during mediation must remain confidential unless all parties to the dispute agree to disclose it. Confidentiality is a fundamental part of the mediation process, as it allows parties to speak freely and openly about their dispute without fear of repercussions or matters being made public. As such, it is important for mediators and all parties involved to ensure that any and all communications remain confidential.

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