Multiparty mediations can sometimes pose thorny dilemmas for a mediator’s confidentiality obligations. While a two-party mediation is relatively straightforward, when more than two parties are involved, confidentiality can get more complicated. Parties may want to disclose information to some parties and not others. And with the potential for separate bilateral negotiations and shifting coalitions during a multiparty mediation, all parties typically want to know as much as possible about what everyone else is talking about. No one wants to be left out of the loop and leave the mediation in a worse position because the other parties struck a deal and worked together. See Robert H. Mnookin, “Strategic Barriers to Dispute Resolution,” 8 Harv. Negot. L. Rev. 1, 17 (2003).
For this reason, a mediator must manage these dynamics to both maintain confidentiality of party information and also preserve the trust of all parties in the process. This article addresses some of the specific confidentiality issues that can arise in a multiparty mediation and provides practical steps a mediator can take to maintain confidentiality while also facilitating a productive mediation.
Model Standards of Conduct
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