Is Everything Discussed In Mediation Kept Confidential?
Going to court may not be the best way to resolve your divorce, especially if you want what you say to remain between you and your spouse. Litigation creates court records that anyone can just ask to see, but mediation is different. This is a method of dispute resolution that keeps most of the negotiations confidential. Our divorce mediation attorneys near you in Morristown can tell you if this method might be right for you and your spouse.
Are Conversations in Mediation Sessions Confidential?
Yes, this is one of the best parts about mediation. You and your spouse sit down with a neutral mediator who is there to guide conversation and help you find common ground. These are major issues that you’re dealing with and it’s not that strange for someone to get emotional or stressed out. Because mediation is confidential, you do not have to worry that something you say while under stress can be seen by others later. You can speak your mind without worry.
The confidential nature of mediation also makes it a good fit for couples who have a business together. There are probably some things about your business that you don’t want to put in the public record. If you’re talking about patents, trademarks, and intellectual property, you probably don’t want to do that in open court.
Are There Any Times When Something From Mediation Wouldn’t Stay Confidential?
The agreement that you and your spouse come to at the end of your mediation sessions will have to be approved by the court. So the final divorce agreement will not be confidential, but the negotiations that led to it will be. This means that you still get a lot of privacy during this process.
As long as you stick to the topics at hand, everything else should be confidential. However, it’s important to note that some communications are not protected under the shield of mediation. This can include things like:
- Threats
- Plans to commit a crime
- Discussions about ongoing criminal activity
- Accusations of professional misconduct on the part of the mediator
Can Court Records Be Sealed?
Some divorcing couples wonder if they can just have their court record sealed after all is said and done. Unfortunately, a judge is unlikely to give in to that demand. Certain personal information can be redacted though.
When is Mediation a Bad Idea?
Mediation is a good option for many couples, but it’s not always the ideal dispute resolution method. We don’t recommend trying this if:
- There is a history of abuse
- There is a big power imbalance in the relationship
- You and your spouse cannot negotiate in good faith
- Neither of you trust each other
- One or both of you have tried to hide assets in the past
Contact Our Law Firm Today
If you are going through a divorce, you need someone who will look out for your best interests. Contact Lazor Rantas, PC and talk to our experienced family law attorneys. We’ll help you negotiate a fair deal.
