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

Confidentiality is an important factor when it comes to Alternative Dispute Resolution (ADR) law in Washington. The Washington State Supreme Court has determined that a mediator, in addition to the parties involved in the dispute, is subject to the Confidentiality Act. This law prevents any mediation communications from being disclosed to anyone, except under limited circumstances, such as when the parties agree to share certain information. In a mediation setting, the mediator is also required to inform the participants of their right to privacy in the mediation process and not to allow anyone else to observe or listen to the proceedings. This means that all communications occurring in a mediation session must be kept confidential and cannot be disclosed to any third parties. The Washington State ADR Act also requires the mediator to inform the parties at the start of the mediation session that they have the right to keep sensitive information and documents confidential. The mediator must also inform the parties that a party may choose to not be heard or to not speak in a mediation session if it would be likely to harm the interests of the other party. In addition, the Washington State ADR Act requires that a mediator document all confidential information that is disclosed during the mediation process. The document must include the identities of the parties involved and the nature of the confidential information that was shared. This document must be maintained in a secure location and must not be made available to anyone outside of the proceedings.

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

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