Family Dispute Resolution and Confidentiality

Privacy is one of the core values of Family Dispute Resolution

Confidentiality is imperative in family dispute resolution as it allows all parties to speak openly and freely about their issues and concerns knowing that it cannot be used as evidence in court.

 

Can discussions held in Family Dispute Resolution sessions be used against me 

All discussions that take place within Family Dispute Resolution sessions with a FDR Practitioner are confidential and cannot be used as evidence in Court except in certain circumstances such as when child abuse becomes apparent in the course of the mediation sessions. 

Can Mediators be taken to court?

Likewise, Family Dispute Resolution Practitioners cannot be subpoenaed to attend Court to give evidence. 

What this means to you

This enables you to talk freely in the sessions without fear of any negative repercussions (such as having the other party use what you say during mediation against you at a later time).  In Family Dispute Resolution, you and your ex - partner can express your opinions respectfully and safely. While the practitioner controls the process, you provide the content and make the decisions.

Being able to express your concerns and opinions freely in mediation sessions is important and is one of the most fundamental principles of Family Dispute Resolution. Both parties need to reach agreements that they can comfortably live with.  

If the Family Dispute Resolution Practitioner feels that one party is showing signs of reluctance in raising their concerns during mediation, the practitioner may decide to have a private session with the person to determine the cause. The practitioner will be able to allay any fears if privacy and confidentiality issues are a concern.