- 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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