"The feature of remaining secret makes the 'mediation' different from court litigation procedure as well as different from other modes of alternate dispute resolution mechanism." Discuss the importance of confidentiality

The conversation among the parties as well as the mediator happens to be there behind the scenes. The process is non-public i.e. no one from public is allowed to see any single glimpse of the dealings of mediation. The matter remains exclusively confidential and private. This feature of remaining being secret makes the 'mediation' different from court litigation procedure as well as different from other modes of alternate dispute resolution mechanism. The disputing parties also expect full secrecy in the process from a mediator. Hence, mediator is bound to preserve two forms of secrecy in mediation: i. Secrecy of parties' dispute from public ii. Secrecy of information given by one party from the other party. But however, in latter type of secrecy the mediator may disclose the information given by one party to another only with the prior approval of party who gave the information and if the situation demands such disclosure. All the rules with regard to confidentiality clause in mediation shall be deliberated among the parties and mediator before they initiate with the proceedings. If such prohibitions are imposed, then it may affect the behaviour of mediator to accomplish his task and he will not be in a position to carry out mediation in an appropriate and valuable manner. Therefore there are some exceptions to the confidentiality of mediation process which are as follows: When the conflicting parties give their written consent; When there are some statutory obligations to be followed; When mediator is entailed to prepare a written brief or summary or report of mediation; When there are justifiable grounds to believe that disclosure is essential in order to avert any danger or injury to any person or property; When the information is of qualitative or quantitative nature which is further required to be used for research or evaluation purposes. Considering these exceptional situations in mediation, a mediator conducts private caucuses with the parties to discuss their issues and must inform the parties about the restraints to confidentiality during such sessions. A mediator must make it certain that confidentiality is preserved in the storage as well as disposal of mediation records, documents, files etc. as well.