Archives for Confidentiality

Mediation Confidentiality Update

Confidentiality is a key benefit of mediation (compared to a public court process).  However, the principle of “confidentiality” is not well understood and often confused with “privilege” or “privacy” issues.  In his Slaw post today (January 15 2015), Michael Erdle tackles this important issue by discussing two recent Canadian decisions: … more »

Mediation Confidentiality and Deceit: Ramsden v. Ramsden 2013 BCSC 949

One of the hallmarks of mediation is its emphasis on confidentiality.  The promise that discussions in mediation are confidential and cannot be raised in a later court action (or otherwise) are critical in order to encourage the parties to engage in candid and forthright discussions towards settlement. So what happens… more »