Is Everything Discussed In Mediation Kept Confidential?

Is Mediation a Confidential Process?

The answer is “sort of”. If you and your spouse are in agreement to keep everything private between you, then everything you say and do in mediation is kept between you, your spouse, and the mediator. And, settlement discussions occurring during mediation sessions are barred from being used in court or litigation unless both parties agree to it. However, this is distinct from factual information revealed during the mediation process, which can be used in a court process should mediation fail.

The privacy afforded by mediation can be helpful to anyone who is concerned about their reputation. Divorce can get heated, and sometimes we say things that we do not mean due to stress and other factors. In a mediation session, you can take the time to talk things out and reduce the chance of anyone having a regrettable outburst. Also, if you are a professional, or someone who operates their own business, maintaining your reputation is critically important. Therefore, engaging in a confidential process to resolve your divorce is undoubtedly beneficial.

Is Litigating a Divorce Through the Court System a Confidential Process?

When you litigate an issue before a judge, there is a record of everything being said. Also, documentary evidence is presented, which can also be made part of a public court record. While these court records are unlikely to get broadcast out for everyone to see (although that can happen in higher profile matters), the public record is accessible to people who know how to access the information.

What Are Some Other Reasons to Consider Mediation?

Mediation is confidential, but that’s only one of the benefits of choosing this method of dispute resolution. As we mentioned, it can also be less stressful than litigation. When one of our lawyers serves as a mediator, they make it their job to lower the temperature and help everyone focus on reaching solutions. Mediation can also:

• Cost both spouses less money
• Take up less of your time
• Be completed according to your schedule, and not the court’s schedule
• Help start the healing process
• Result in an outcome that is satisfying to both parties

Because this process is less adversarial, both you and your soon-to-be ex can start to heal and move on with your lives.

Talk to Our Attorneys Today

If you are concerned about your privacy, or want to preserve the integrity of your family, mediation may be the way to go. Contact the Law Offices of Eric R. Posmantier, LLC, and schedule a consultation with our team. We can tell you more about this confidential process and how it could help you settle your divorce in the best way possible.