Is mediation confidential?
Yes, mediation is confidential in North Carolina. Mediation is an informal, voluntary process in which parties to a dispute try to develop a mutually acceptable resolution. Mediators are bound to keep discussions confidential and are prohibited from disclosing confidential information. In North Carolina, the confidentiality of mediation is protected by state law. This law states that anything said or disclosed during mediation may not be used in court. This means that the mediator cannot be called to testify in court about what was discussed in mediation. Additionally, the mediator is precluded from disclosing information regarding the mediation process, the parties involved, or the mediator’s opinions or views. It is important to note that not all discussions that happen in mediation are confidential. For example, any statements made that could be deemed illegal, such as threats of violence, attempted bribery, or fraud cannot be kept confidential. The mediator is also under an obligation to report any type of child abuse and neglect. Overall, mediation is strictly confidential in North Carolina and any information disclosed during the mediation process cannot be used in court. This helps ensure that all parties involved in the mediation process can speak openly and freely without fear of their words being used against them in the future.
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