Is family mediation confidential?

Your discussions in mediation are confidential unless you jointly agree that information should be disclosed or unless the mediator is worried that someone will come to harm.

If an allegation is made that someone (particularly a child) is at risk of harm, we have a duty to contact the appropriate authorities. We may also be required to disclose information with regard to the commission of any relevant, previously undisclosed, criminal offence.

The mediation sessions are also legally privileged, which means that what you say during mediation cannot later be used in Court as evidence.

We will ask each of you to agree that all discussions during mediation take place only in an attempt to reach a settlement and are on the basis that they are both confidential and will not be referred to in evidence in any court proceedings or sworn statement about the same issue. But facts disclosed during mediation are regarded as open.

Any facts provided by either of you during mediation about financial matters will need to be verified with supporting documents. Although these will be strictly confidential, they may be used subsequently in court. Normally these are documented by the mediator in an Open Financial Statement. If an agreement is not reached, they can be used by a solicitor as a basis for further discussions.

If your children are seen in mediation their session is also private and confidential unless the mediator is worried that someone will come to harm. Normal feedback received from your children to the mediator will only be given to you in accordance with their wishes.