One of the reasons for choosing mediation for your divorce instead of litigation is the confidentiality of the mediation process. In litigation, everything is open to the public. Court appearances are open to the public and pleadings and documents filed with the court, are for the most part, accessible to the public.
Mediation is favored by the Courts and that public policy has resulted in rules, laws and case law holding the mediation process confidential. The mediator cannot be compelled to testify on behalf of either party in court, nor to submit to depositions. The confidentiality of the process is to assure the parties that full disclosure will be made during the mediation process and the parties don’t have to worry that what they say in mediation will be used against them later in court.
Confidentiality is important to high profile clients, as well as clients who do not want their dirty laundry aired in public or to have their clients, associates or friends know that they are in the process of getting divorced.
When you come to me to mediate your divorce, you sign a confidentiality agreement before proceeding with the mediation. Such an agreement adds an additional layer of protection to insure the confidentiality of the disclosures made during mediation.
I look forward to assisting you with your divorce and to working together with you in a confidential environment to reach a fair and equitable resolution of your marital dissolution issues.