Confidentiality Assurance
Mediations through Noble & Noble Mediations are confidential.
This means that all of the processes, discussions and information exchanged during the mediation are not recorded beyond the mediation and no one at the mediation (especially the other party with whom the issues may lie) can discuss the content of the mediation with anyone else (or a Court) unless it is agreed they can.
The mediation process is a safe place to express your feelings and to make any proposals to end issues between participants you want to.
We will destroy notes and other material provided or recorded at the mediation within 24 hours of the end of the mediation.
This is how confidentiality works:
- The mediator will advise of the participants of the confidentiality of the process before the commencement.
- Before holding separate sessions with different participants, a mediator must inform participants of the confidentiality which applies to these sessions.
- With a participant’s consent, a mediator may discuss the mediation, or any proposed agreement, with that participant’s advisors or with third parties.
- A mediator is not required to retain documents relating to a mediation, although they may do so should they wish, particularly where duty-of-care or duty-to-warn issues are identified.
- A mediator must take care to preserve confidentiality in the storage and disposal of written and electronic notes and records of the mediation and must take reasonable steps to ensure that administrative staff preserve such confidentiality.
There are only a few instances where a mediator or another participant is legally allowed to share any of the information exchanged during the mediation see below.
A mediator must respect the agreed confidentiality arrangements relating to participants and to information provided during the mediation, except:
- with the consent of the participant to whom the confidentiality is owed; or
- where non-identifying information is required for legitimate research,
supervisory or educational purposes; or - when required to do otherwise by law;
- where permitted to do otherwise by ethical guidelines or obligations;
- where reasonably considered necessary to do otherwise to prevent an actual or potential threat to human life or safety.
