Klaus Reichert is a Barrister in Dublin, Ireland. He serves as an arbitrator and has significant experience with commercial mediation, both as counsel and as mediator.
This article is adapted from a paper the author delivered at the Canadian Bar Association’s CLE conference on international commercial arbitration, in Ottawa on June 11-12, 2004. Copyright (c) 2004 Canadian Bar Association.
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