Can you keep a secret? Confidentiality agreements are so much more than a simple promise not to tell. In a mediation, the confidentially clause is what protects the mediator, creates privacy for the mediation, and the provide opportunities for open dialogue in the mediation process. The confidentiality agreement offers protection for the mediator by offering limitations in the event the mediation escalates to court. Meaning, unless certain requirements are met, a mediator cannot be called to testify. This protects the mediator from choosing sides, as well as, it reinforces additional privacy for the mediator and the mediation. Different states do have different governing laws for mediation, but the majority of them try to protect the confidentiality
