Mediation is a helpful tool for spouses going through a divorce. The information discussed during mediation is considered confidential unless certain circumstances warrant disclosure. Work with an experienced Memphis, Tennessee divorce mediation lawyer to learn more about the process and your rights throughout mediation.
What is Mediation?
Mediation is a form of dispute resolution used in various legal matters, particularly divorce. Every couple filing for divorce in Tennessee will be required to first attend mediation sessions in an attempt to allow the couple to work out their issues without intervention from the court.
In mediation, the couple and their legal representatives (if they want them present) will meet with an unbiased third party who will act as the mediator. During these sessions, the couple will discuss the issues relevant to their divorce. This will generally include the division of marital property, spousal support, child custody, and child support.
The point of mediation is to allow the parties to come to an agreement on each of these issues on their own. They have the freedom to come up with unique solutions that work best for their individual situations, something a court may not be able to do. Mediation also allows the couple to avoid wasting time and money going to court. Another benefit of opting for mediation over litigation is that court reports are open to the public while mediation is generally kept private.
Are the Topics Covered During Mediation Kept Confidential?
Divorcing couples can breathe a sigh of relief knowing that, generally, the information discussed during mediation is confidential. The only thing that a judge will find out from mediation sessions is whether or not a settlement agreement was reached. Because the parties are not in court or on trial, all communications had during mediation sessions are considered privileged unless under specific circumstances.
Will Mediation Information Ever Be Disclosed?
Although mediation communications are typically confidential certain circumstances may warrant the disclosure of privileged information. Under the following circumstances, private information revealed during mediation may be disclosed.
- When all parties involved agree in writing to waive confidentiality
- If a subsequent action is filed between the mediator and one or more parties involved related to the mediation
- When the communication includes information about the abuse or neglect of a child
- When statements or evidence revealed during mediation become subject to discovery during a proceeding legal action
- When the court determines that information about an agreement must be disclosed during litigation between the parties and/or a third party
For safety or fairness, information discussed during mediation may occasionally be required to be disclosed. However, in general, communications are kept confidential. If you are considering mediation and have questions regarding your rights and legal options, reach out to an experienced attorney today for more information.
