In discussing mediation confidentiality, it appears that different commentators address different issues. For example, some commentaries discuss only court ordered mediation while others consider the possibility of any intervention by a neutral to be mediation, and hence under scrutiny. There is also disagreement about what should be protected: pre-mediation screening calls, post session discussions among mediators and their supervisors and so on.5 In order to keep the discussion as broad and inclusive as possible, I will use "mediation" to refer to any organized intervention by an impartial third party and to any part of that process. Although some may consider this term to be too broad, I believe that my conclusions apply extensively.
Confidentiality in Mediation: A Moral Reassessment,
1992 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1992/iss1/5