The Shewale Journal
Mediation CraftNovember 20259 min read
Confidentiality in mediation: what it actually protects.
A precise reading of the statutory and contractual layers of confidentiality, and where each one ends.
Confidentiality in mediation operates in three layers. The statutory layer, under the Mediation Act, protects what is said in the room from being introduced as evidence in subsequent proceedings.
The contractual layer, embedded in the mediation agreement, binds the parties themselves to silence on the substance of the negotiation, with carve-outs for legal and tax advisors.
The professional layer binds the mediator independently of either of the above. We treat all three as cumulative, not alternative. A breach at any layer is treated as a breach at every layer.
End of essay · Mediation Craft