Are the documents I send, and information I give to the mediator kept private from the other party?

Yes, all information and documentation that is shared with the mediator is kept confidential, unless permission is given that it can be shared with the other party.

All information and documentation that is given to the mediator is treated confidentially and the mediator will not share it with the other party unless given permission to do so.

In practice, parties normally agree on a bundle of documents that they will share with each other prior to the mediation and they may also exchange Mediation Position Statements setting out their perspective. Occasionally, parties will also share additional documents only with the mediator (and if they do so, it is best to make this clear that it is for the mediator only by marking it as “For the Mediator Only – Not to be Shared”) but this is rare.

The mediator will always check with a party before sharing any information or documents and will not share anything without permission.