Confidentiality is at the heart of the mediation process and ensures that complainants and respondents alike are protected from individual or commercial exposure.
Through mediation, parties are able to talk directly to each other confidentially, which is not always possible in litigation. The agreement to maintain confidentiality makes it easier for parties to disclose personal positions to the mediator. This step can help parties to move away from previously fixed positions, and to discuss alternative ways of resolving the issues. In fact, respondents often move huge distances from their stated positions to achieve mediated solutions. The Barrister magazine writes; “None of this would happen if the parties did not feel safe in doing so. There is no doubt that this is a process which works and delivers results”.
Our commitment to confidentiality
- we always keep information about you confidential; unless we have gained your clear permission to share information
- the only information we pass to the Equality and Human Rights Commission (EHRC), is the ‘Full and Final Settlement’, ‘No settlement’ or ‘Case Withdrawn,’ unless permission has been given by both parties to provide more detailed information.
In return, we expect that you will:
- keep information relating to the complaint and details of the parties private to yourself or within your organisation
- make attendees of the mediation meeting aware of the importance of confidentiality in the mediation process, and agree to abide by them.