What types of confidentiality issues can arise in mediation?

Confidentiality in mediation is important to protect the parties involved. In New Jersey, the rules of professional conduct, the Supreme Court, and the legislature all have rules to ensure the privacy of people involved in mediation. Confidentiality issues that can arise in mediation involve the steps taken to keep the proceedings private. Mediators are required to keep confidential certain information obtained in the course of the mediation. This includes anything discussed by the parties or the mediator during the mediation session, any notes that were taken, and any information obtained during the mediation. Furthermore, the mediator is not allowed to use any of this confidential information in any litigation proceeding. In addition, the mediator is not allowed to use anything that was said or done in the mediation to influence a court decision or to provide information that could be used in a court proceeding. They may, however, provide the court with a full and fair account of the mediation process. Furthermore, it is illegal for the mediator to disclose anything that was said or done in the mediation without the consent of all parties involved. Finally, the mediator must not testify in court about anything that was said or done in the mediation session. The only time they may do so is if the parties involved consent in writing or if the court orders it. Therefore, it is important to be aware of the different types of confidentiality issues that can arise in mediation.

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What types of confidentiality issues can arise in mediation?

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