THE IMPORTANCE OF THE PRINCIPLE OF CONFIDENTIALITY IN MEDIATION

Abstract

In the modern world, mediation is becoming an increasingly popular alternative to formal adjudication. Around the world, large-scale mediation programs have emerged, which deal with a huge number of both civil and criminal cases. As mediation becomes more widely used as an alternative method of dispute resolution, a new problem has emerged that threatens its continued viability-confidentiality. Confidentiality is a fundamental characterristic of the mediation process, a key feature that distinguishes mediation from litigation. The principle of confidentiality in mediation is a framework that enhances the security of the parties by giving them confidence that they are in a safe place where what is said and done during the process cannot be disclosed or used against them outside the process. This gives them the freedom to negotiate and increases the chances of successful mediation. This article explains the importance and role of the principle of confidentiality in the mediation process. Key words: alternative dispute resolution, mediation, confidentiality