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Writer's pictureKristyn Carmichael

How Do You Approach Confidentiality in Mediating Sensitive Cases? - "Mediator Experts" Feature


How Do You Approach Confidentiality in Mediating Sensitive Cases?

One of the main features of mediation as a process is "confidentiality." Unlike the court process where almost all information can become or is public record, mediation is a confidential and private process. Many clients prefer mediation for their divorce or family disputes as they wish to keep their personal lives private. Most states even have laws that prevent mediators from being called to testify on cases or share any information outside of the mediation room.


Our founder, Kristyn Carmichael, was recently interviewed by Mediator Experts on how confidentiality is approached at Couples Solutions Center to protect our clients' process. Security and trust is paramount in the mediation process to create a safe environment in which clients feel comfortable to share their wants, needs, and concerns.


Some ways Couples Solutions Center implements confidentiality and privacy include:


1. Use of a secure portal for the transfer of all information among clients and professionals.


2. Approval from clients before the inclusion of any other experts in their case.


3. Not recording any sessions, either as the professional or the client.


4. Verifying that the client is attending from a private location when attending virtually.


5. Not allowing third-party attendance in mediation without client permission.


6. Removing any unnecessary details from memos or other documents that may become public record.


7. Verifying our confidentiality structure with clients from the beginning of your process, i.e., is something one party shares automatically going to be shared with the other party, or does permission need to be granted?


8. Removing all personal client data from your system within a set period of time (in our case - 6 months).


It is also pertinent to understand that some clients may use confidentiality in a way to harm their partner. In one instance, we had a potential client share confidential financial data with us and refuse to let us share it with the other partner, wanting to hide it. While we did not share the confidential information, retaining confidentiality, we also refused to work with the client as they were intending to use confidentiality to harm his spouse financially.


If you are interested in a confidential process for handling your dispute, contact our office today. Read more of the article HERE.

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