Benefits of family mediation: privacy
I am often asked about the benefits of family mediation, as compared with other methods of resolving family disputes. There are many, and I discuss them frequently with my clients, members of the public and colleagues. A fellow mediator reminded me the other day of an important benefit of this process ~ one we don’t speak of or write about enough - privacy!
Many Canadians do not realize that what happens in court is open to the public. The “open court” principle is fundamental to our justice system - judges do not make decisions about Canadians behind closed doors, so to speak, based on principles and procedures that are somehow “secret”. The practical effect of this open approach is that all court proceedings are open to the public, and so is the court record, meaning the paperwork. In family court, special efforts are made to limit the public’s attendance, for example, at conferences, motions and trials but technically, the public, including the media, have the right to information and there is a high bar for individuals wanting to close off this access by way of a sealing order. So open access is the default.
By contrast, family mediation is completely* confidential. Settlements reached in mediation are not registered anywhere or made public. Information about what happened in mediation or the terms of settlement can only be disseminated if both parties agree explicitly, or by order of the court (which is rare). In other words, when it comes to family mediation, confidentiality is the default.
What does all this mean in practical terms? If you want to keep your affairs private - the details of your relationship, your income information, your children’s special needs, your debt load and so on, your better bet is family mediation.
*One last word on this topic: when considering family mediation, turn your mind to the concepts of “open” and “closed” mediation. Have your lawyer explain the difference to you or if you are self-represented, at least get some legal advice on this point. Open mediation has a greater potential for exposing your information to the public, even though you are actually mediating. It’s an important point - turn your mind to it.
©AJJakubowska
