Confidentiality in Mediation and Its Legal Safeguards From International Perspective

Abstract

The high level of confidentiality is the most important feature ofmediation. In fact, confidentiality is at the heart of mediation. In thisarticle, the safeguards of confidentiality in mediation is examined frominternational perspective by comparing UNCITRAL Model Law onInternational Commercial Conciliation 2002, The European Directive onCertain Aspects of Mediation in Civil and Commercial Matters 2008,WIPO and relevant ICC rules. This study demonstrates that the mainprinciple of mediation is based on confidentiality and therefore, itsexceptions should be limited and interpreted narrowly. To promotemediation, it is necessary to provide rules dealing with the confidentialityof information exchanged in the mediation process in the best possiblemanner. At the same time, the advantage of confidentiality should not bemisused by opportunists.

Keywords

• keywords: alternative dispute resolution
• confidentiality
• legal safeguards
• mediation