Originally from Dispute Resolution Journal

Klaus Reichert discusses the cornerstone of mediation—confidentiality—which is essential for the process to have any value. He not only explains its importance, he suggests practical steps parties can take to secure confidentiality for their own mediation communications. The author also comments on the provisions of the new EU Directive on ADR and its significance for the future of the process.

Confidentiality applies to many aspects of mediation,1 including:

- the fact that a mediation is taking place,
- the fact that a party has made an offer to mediate,
- the documents and statements exchanged at a mediation,
- statements made by a party to the mediator in a caucus session,
- the reasons why a mediation was not successful,
- the terms of a settlement agreement, or even the fact of its

existence, and the mediator’s notes.