How is confidentiality ensured?

Each party has a private room that they may regard as their 'home base' for the mediation. The Mediator will visit the party in that room and everything discussed in that room stays in that room unless or until the Mediator is authorised to disclose it to the other party. 'The room' can include a walk outside or some other change of scenery if the party or the Mediator thinks it might be helpful.

All discusions prior to the mediation are treated with equal confidentiality. There will be a separate room where the parties and the Mediator meet in joint session. It is part of the Mediation Agreement that everything discussed during the course of the Mediation is private to the parties, their advisors and to the Mediator. The effect is similar to 'without prejudice' negotiations or correspondence. So anything discussed in the joint session room also stays within that room.

The Mediator will not allow access to any notes made during the Mediation, or return of the advance papers which may have been marked by the Mediator. The Mediator will not be required by any party to give evidence about the Mediation or anything discussed at or in preparation for the Mediation.

Any documents produced remain confidential, and legally privileged unless or until a final deal is reached, when the final settlement terms, once signed, become a binding and enforceable contract between the parties. Any pre-existing documents will be privileged only if they would have been privileged anyway.