 |
Confidentiality in mediation – just how secret is the entire process?
Podcasts, powerpoints and/or papers from the presentations are available to LEADR members and
Explore the limits and exceptions to confidentiality in mediation, and whether they support or hinder the process.
Such circumstances may include situations where the resolution must be enforced in some way, a party or the mediator has engaged in fraudulent, illegal or criminal conduct during the mediation, a party or the mediator has engaged in professional misconduct during the course of the mediation, or even that a crime has been committed during a mediation. The paper will explore the philosophy of confidentiality, what limits or exceptions there might be today, and whether those limits are necessary to the process or hinder the process. The only criteria which is not specifically dealt with above is the first issue - promoting excellence in ADR. A fundamental understanding of the concept of confidentiality and obligations of mediator are essential skills which are absolutely necessary for excellence in ADR practice. Ethical issues (of which confidentiality is one) and dilemmas usually always capture the interest of the audience. Such issues usually invoke considerable participation. I would use the balance of the session after the talk not only for questions generally, but also to pose a series of hypotheticals inviting discussion from the audience. Podcast: Listen to Campbell talk about this session pre-kon gres (5 mins) >> |
The principle of confidentiality in negotiations which applies to the entire course of a mediation is a principal reason why the mediation process is embraced so widely in the community. The fact that the outcome is confidential unless the parties otherwise agree an extremely significant benefit of a mediated outcome to any dispute. For many reasons including with public policy the parties almost invariably embrace the philosophy of confidentiality in mediation. However, in certain circumstances, what transpires at a mediation and its outcome may not remain secret despite the contrary wishes of the parties.
Campbell Bridge SC
I am a Senior Counsel and an accredited mediator under National Mediator Accreditation System (NMAS), having acted as both mediator and for parties for over 10 years in many disputes in areas on commercial law, building and construction disputes, public liability, medical negligence and general common law. I conducted approximately 100 mediations throughout the 2010 calendar year in matters pending in the Supreme and District Courts of New South Wales, mostly in areas of professional negligence, public liability, banking and commercial law. While still maintaining an active practice as an advocate, at least 50% of my practice at the Bar is as a mediator.
I speak frequently at numerous international conferences in Australia and Asia on negotiation and mediation of commercial and professional liability disputes. I lecture and teach on negotiation, cross-cultural matters and mediation for numerous bodies including postgraduate law courses at Sydney University Law School, and at the Indonesian Mediation Association in Jakarta.
© LEADR 2011 | Disclaimer