Confidentiality, privilege and impartiality
The degree of confidentiality is decided by those involved in mediation. Mediation in Aboriginal and Torres Strait Islander communities often involves large groups of people, and the issues under discussion tend to be public in nature.
The parties may often view concepts such as confidentiality differently. However, mediators take an oath of secrecy. They promise that they will not discuss particular mediations publicly.
In addition, the process of mediation is ‘privileged’. This means that nothing said during a mediation can be used in a court of law.
Can the agreement be enforced by a court?Normally the agreement is not legally binding, but the people concerned can make their agreement enforceable if they choose to.
When the agreement is drawn up, the participants include a statement saying that they want the agreement to be legally binding. The necessary documents can then be drawn up by a solicitor.
If solicitors are present at the mediation, they can draft the agreement in a legally binding form then and there.
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