Walking the tightrope: exploring the relationship between confidentiality and disputant participation

Title: Walking the tightrope: exploring the relationship between confidentiality and disputant participation
Creator: Woodward, John
Relation: Australasian Dispute Resolution Journal Vol. 30, Issue (2019), p. 23-30
Publisher: Lawbook
Resource Type: journal article
Date: 2019
Description: Confidentiality, though rarely straightforward or well understood in the courtconnected context, has been widely perceived as a core defining characteristic of mediation. The limits of mediation confidentiality and the uses to which confidential information may be put has created uncertainty in the legal profession and operates as a disincentive to active disputant participation in mediation sessions. Drawing on empirical research interviews conducted for a doctoral research project, this article explores the relationship between confidentiality and active disputant participation. It argues that a greater degree of certainty around confidentiality would enhance the opportunity for active disputant participation in the court-connected mediation process and reduce the level of adversarialism which remains evident in mediation events.
Subject: confidentiality; mediation; law; Australia
Identifier: http://hdl.handle.net/1959.13/1414802
Identifier: uon:36816
Identifier: ISSN:1034-3059
Language: eng
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