January 28, 2015
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- Confidentiality is an important part of mediation. It can help participants feel more comfortable about speaking openly.
- The Confidentiality Agreement you will sign at the mediation is based on California law and the mediation program. The Confidentiality Agreement you will sign at the mediation is based on California law and the mediation program's policies.
- If you have concerns about mediation and confidentiality, talk to a lawyer.
- Whether you sign the confidentiality agreement or not, California law will still apply.
With limited exceptions
- Any communication between the participants during mediation is confidential.
- Any communication between the participants and program staff or volunteers from the Peninsula Conflict Resolution Center (PCRC) is confidential.
- Any document prepared for, during, or as a direct result of mediation cannot be used as evidence in juvenile court or other civil legal proceedings. This does not include documents that existed before mediation and information obtained outside of mediation.
- Mediators or program staff and volunteers involved in your mediation cannot be used as witnesses in juvenile court or other civil legal proceedings.
- If mediators meet with parties separately, they will keep any information learned in the private meetings confidential.
- Exception: Mediators can share information with another party if you ask them to do so. Mediators will report any concerns about abuse, threats or specific criminal acts to the Program Manager. The program manager may report those concerns to other agencies or individuals.
- If all parties agree in writing, they can share mediation agreements with Probation and/or the court.
- If all parties agree in writing, they can make exceptions to the Confidentiality Agreement. For example, the parties can agree to disclose certain information to the District Attorney, Probation, friends, family, etc.