Is mediation confidential?

Yes, mediation is confidential in Wisconsin. This means that all information discussed during the mediation process is kept private. This includes any agreements that may be reached between the parties, their identities, and the contents of any documents exchanged. The purpose of confidentiality during mediation is to ensure honesty between the parties. Without this protection, parties may be hesitant to speak openly and truthfully. The confidentiality of mediation is provided under Wisconsin Statutes, Section 767.405. This law states that all information discussed by parties and mediators during mediation remains confidential. This applies to any documents exchanged and any written agreements reached. Furthermore, mediators are not permitted to disclose any information to anyone outside the mediation process unless the parties involved sign a written agreement or a court order. In addition to the state law, mediators have additional ethical obligations that support confidentiality. Mediators must be properly trained in confidentiality, and they must follow the American Bar Association’s Model Rules of Professional Conduct. These rules require that mediators maintain strict confidentiality. This rule includes any information provided during the mediation process. Overall, mediation is highly confidential in Wisconsin. All information discussed during mediation is protected by state law and the ABA’s Model Rules of Professional Conduct. This helps parties freely discuss issues and reach agreements without fear of their information being disclosed.

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