Confidentiality in Mediation and Its Legal Safeguards From International Perspective

The high level of confidentiality is the most important feature of mediation. In fact, confidentiality is at the heart of mediation. In this article, the safeguards of confidentiality in mediation is examined from international perspective by comparing UNCITRAL Model Law on International Commercial Conciliation 2002, The European Directive on Certain Aspects of Mediation in Civil and Commercial Matters 2008, WIPO and relevant ICC rules. This study demonstrates that the main principle of mediation is based on confidentiality and therefore, its exceptions should be limited and interpreted narrowly. To promote mediation, it is necessary to provide rules dealing with the confidentiality of information exchanged in the mediation process in the best possible manner. At the same time, the advantage of confidentiality should not be misused by opportunists.