Abstract
This study examines the legal landscape of confidentiality in family mediation across multiple jurisdictions. Through comparative analysis of statutory frameworks, case law, and empirical research, it investigates the tension between maintaining confidentiality and addressing competing legal and ethical obligations. The research reveals significant variations in approach to confidentiality protections and their limitations, highlighting the challenges in developing unified standards for cross-border disputes. Findings suggest that while strong confidentiality guarantees are crucial for effective mediation, carefully defined exceptions are necessary to protect vulnerable parties and maintain legal integrity. The study concludes by proposing directions for legal reform to enhance confidentiality protections while addressing emerging challenges in online mediation.
References
Bush, R.A.B. and Folger, J.P. (2004) The Promise of Mediation: The Transformative Approach to Conflict. San Francisco: Jossey-Bass.
[2] Burnett, R. and Allison, J. (2017) 'Confidentiality in Family Mediation', Family Law, 47(Feb), pp. 203-207.
[3] National Conference of Commissioners on Uniform State Laws (2003) Uniform Mediation Act. Chicago: NCCUSL.
[4] Allen, T. (2019) Mediation Law and Civil Practice. 2nd edn. London: Bloomsbury Professional.
[5] Cooper, D. and Brandon, M. (2018) 'Confidentiality in Family Dispute Resolution and Family Counselling: Recent Cases and Why They Matter', Family Matters, 98, pp. 42-51.
[6] European Parliament and Council (2008) Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters. Brussels: Official Journal of the European Union.
[7] Thilanga v Thilanga [2010] EWCA Civ 1391.
[8] Kressel, K. and Pruitt, D.G. (1989) Mediation Research: The Process and Effectiveness of Third-Party Intervention. San Francisco: Jossey-Bass.
[9] Alexander, N. (2009) International and Comparative Mediation: Legal Perspectives. Alphen aan den Rijn: Kluwer Law International.
[10] Charkoudian, L., Walter, J.L. and Eisenberg, D.T. (2018) 'What Difference Does ADR Make? Comparison of ADR and Trial Outcomes in Small Claims Court', Conflict Resolution Quarterly, 35(1), pp. 7-45.
[11] Ebner, N. and Zeleznikow, J. (2015) 'Fairness, Trust and Security in Online Dispute Resolution', Hamline Journal of Public Law and Policy, 36(2), pp. 143-160.