Is the mediator bound to confidentiality when discussing the case?

Yes, the mediator is bound to confidentiality when discussing the case. In Washington, mediators are legally required by state law to maintain the confidentiality of the individuals and discussions that occur during the mediation process. This means the mediator cannot discuss the contents of the case with anyone outside the mediation session. The participants of the mediation can agree upon additional confidentiality clauses if they choose. This means that the mediator can be bound to even stricter confidentiality protocols. For example, the participants could agree that the mediator cannot even discuss the fact that the case is being mediated. It is important to note that the mediator may be required by law to inform other legal and governmental authorities of any illegal activity they become aware of while performing their mediation duties. Overall, the mediator is bound to maintain the confidentiality of the discussion throughout the session and beyond. This allows the participants to have a comfortable and open forum to discuss their differences and reach a resolution. Without the promise of confidentiality, many participants might not feel comfortable enough to discuss the case at all.

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