Resolving involving business, insurance claims and other legal matters could be challenging. Some people could go to court, but it might not be the best option if discussions involve confidential details. During proceedings, anyone within earshot of the courtroom could hear information about the conflict, reducing privacy.
Fortunately, this might not be an issue with mediation. This process typically involves a mediator, an impartial third party who can facilitate discussion between two parties who must settle vital concerns. Mediation sessions only require the presence of the mediator, involved parties, their legal representatives and other people authorized to be in the room. Since there are fewer people during discussions, it could be easy to control confidential information.
Additionally, certified mediators are legally responsible for maintaining confidentiality according to Florida state law. This provision applies to all court-ordered mediation. If mediation is noncourt ordered, confidentiality laws could still apply if both parties agree, and the mediator has the necessary credentials.
The mediator might also ask both parties to specify what details or matters should be private in a written document. Doing so could help both parties feel safe during discussions so that they could express themselves freely.
Mediation confidentiality exceptions
Still, some details cannot be private, depending on the circumstances. Exceptions exist for concerns associated with potential criminal activity, including incidents of abuse or preparation details for committing a crime.
The signed settlement agreement after mediation might also be public unless made confidential by the involved parties. The law might also require this document to be in a court file based on the situation. Nevertheless, mediation could offer more confidentiality than going to court. It might also present more options and control for both parties.