The mediator shall not voluntarily disclose to anyone who is not a party to the mediation any information or documents obtained through the mediation process except:
- non-identifying information for research or education purposes; or
- upon the written consent of all the parties to the mediation contract, which includes the mediator; or
- when ordered by the court or required by law; or
- when the information discloses an actual or potential threat to human life or safety.
The mediator has an obligation to report to the Children’s Aid Society when he/she has a reasonable belief that a child is in need of protection.
An Agreement to Mediate shall be signed by the mediator. The mediator shall comply with the terms of confidentiality contained in the signed Agreement to Mediate.
The mediator shall inform the parties of any limits to confidentiality in relation to the process, including information received in intake, caucuses and break-out meetings.
The mediator shall maintain confidentiality in the storage and dispersal of mediation notes, records and files, both paper and electronic, and other provisions of the Privacy Act.