Is the mediator bound to confidentiality when discussing the case?

Yes, the mediator is bound to confidentiality when discussing the case in New Jersey. Mediation is a process in which a neutral third party facilitates communication and negotiation between two or more parties involved in a dispute. As part of the mediation process, a mediator is required to maintain strict confidentiality throughout the proceedings. This means that the mediator is not allowed to divulge any information about the case to anyone outside of the proceedings, including the parties themselves. Confidentiality is seen as a cornerstone of the mediation process, as it allows participants to speak candidly and openly without fear of any information being used against them in court. As such, the New Jersey courts take confidentiality very seriously. In fact, New Jersey courts have even ruled that a mediator may not be compelled to testify in court about anything said or done during mediation sessions. The only exception to the rule of confidentiality is when a party or mediator requests that the court order a party or mediator to reveal something. However, this is generally only done in extreme circumstances, such as when the parties are unable to come to an agreement and the mediator must then report on the status of the mediation process. Overall, the mediator is bound to maintain complete confidentiality when discussing the case in New Jersey. This allows mediation to take place in a safe and open environment, which is critical in order for the parties to reach a successful resolution.

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