No doubt you have heard something similar in commercials regarding Las Vegas. But that fact is the case for mediators at Heartland Family Mediators.  Our mediators cannot be asked or subpoenaed to testify about a mediation under almost any circumstances. This is true if a breakdown occurs, there is an impasse or if the couple goes to court.  The exceptions to confidentiality generally are related only to evidence that one of the parties is a danger to themselves or if there is a threat or confirmation of abuse or endangerment of another. The parties themselves, however, are free to discuss whatever they wish with whomever they wish.

Confidentiality is very important. We believe that knowing the process is confidential allows the parties to feel comfortable and open to communicate with one another. After each person has their turn to tell their story, it usually becomes clear what they want the result of the mediation process to look like. All personal property, asset division, debt division, the automobiles, the family home, and the needs of the children are discussed in detail within that context and the process of finding a fair way of division begins.

Without the confidence that confidentiality is rock solid, mediation would be riskier. Know that whatever is said or done in mediation, as pertains to the mediator, stays in mediation. That is important, if not a critical aspect of the mediation process that you can count on.