One of the biggest benefits of choosing Washington State divorce mediation over a divorce in court is that it is largely confidential: the details of your settlement will not be made public, and your mediator will not, in most circumstances, share any information that was discussed in your mediation session. In fact, one of the standards of divorce mediation states that a mediator should maintain the confidentiality of all information revealed during the process unless obligated by law or unless given permission by both parties.
Here are a few other things you should know about divorce mediation and confidentiality:
- Before you sign your written mediation agreement, look for information in the document regarding confidentiality. Ask questions about the issue if you have them before mediation begins.
- Many people know that what is said during the mediation process is confidential, but it is important to note that the documents, records, and information produced during mediation are also confidential.
- Understand that under the law, a mediator may share confidential information with law enforcement or other authorities if someone is in danger; for example, if someone during the mediation has threatened violence toward themselves or others.
- Understand that under the law, a mediator may share confidential information with law enforcement or other authorities if he or she discovers child abuse, child neglect, or child endangerment.
- Know that if the mediator is ordered by the court to testify about information covered during mediation–or to provide documents related to the mediation–he or she should inform you. In some circumstances, a mediator may be obligated to divulge mediation information in a subsequent court case.
- Before you speak with your mediator during a private session outside of the official mediation session, be sure to discuss the confidentiality of that particular session before sharing sensitive information.
Contact Our Seattle Divorce Mediation Attorney
An experienced, knowledgeable attorney can guide you through the mediation process to make certain that you and your family are treated fairly, and that you get what you deserve under the law. To speak with a Washington divorce mediation lawyer, start by calling the Law Offices of Molly B. Kenny today: 425-460-0550.
