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| Article - Abstract. To view full article click on the article title. | |
Mediator Should Remind The Party Of The Confidentiality Privilege Mediator Should Remind The Party Of The Confidentiality Privilege, Florida Mediator Ethics Advisory Committee. In order to comply with the statutes and rules governing the confidentiality of the mediation process, the mediator should remind the party making the communication of the privilege provided by statute and that any communication about the specific content of the mediation shall remain confidential. Your selected article and the entire Mediate.com Library are yours for free. First we need a small amount of information to best serve you: I am: a member of the public a mediator (including attorney-mediator) an attorney other dispute resolution professional My area code is: or no area code (International) Thanks for the opportunity to serve you. Privacy Why we ask October 5, 1995 The Question The following questions are presented to the panel for consideration: During the course of a mediation, is it consistent with the rule of confidentiality for a party to communicate telephonically or otherwise, with an individual who is a non-participant to the mediation for the purpose of seeking advice or other information? What suggested procedures should a mediator follow with regard to this circumstance, either [at] the outset of the mediation or when it presents itself during the course of mediation? From time to time, there have been instances where: (1) A divorcing spouse desires to call his or her mother, accountant, etc. . . . for advice approval, etc . . . . ; (2) A party to a commercial transaction indicates that he or she must call their spouse to discuss the settlement proposal; (3) An insurance representative or risk management's representative who is given authority to settle within a certain range, desires to call a superior to obtain approval for a higher amount or a different formula. These are a few examples of situations where party participants in a mediation desire to resort to contacting or communicating with non-party participants. Full Article: http://www.mediate.com/articles/floridaopinions4.cfm |
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