Is Everything Discussed In Mediation Kept Confidential?

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Divorce can be a difficult enough process, but it can be even more difficult when you have to worry about your privacy. Many divorces are handled in court, and that means a court record that contains everything that you said and did during the proceedings. If you don’t want people to be able to access that information, an alternative dispute resolution method known as mediation might be better for you. A Morton divorce lawyer from our firm can tell you how this method can keep matters relating to your divorce confidential.

Is Mediation Really Confidential?

The mediation process is confidential in almost every way. You and your spouse go in and sit with a neutral mediator. This mediator’s goal is to get you and your spouse to talk through your issues and come to an agreement on some important matters relating to your divorce.

When an agreement is finally reached and signed by both of you, you will have to go to court to have it approved. So the agreement you make would not be confidential, but it would not have been confidential if you had reached it through the litigation process either. No one can go in and request a copy of your mediation records and see what was said by both parties.

Meanwhile, court records are available to the public. They can be easy to find with just a little bit of information about a case. They are also difficult to seal. It’s rare that a judge will grant a request to seal away your divorce litigation records, so you may be better off with a dispute resolution method that keeps matters confidential.

What Are the Benefits of Keeping Things Confidential?

The idea here is that keeping things confidential can foster conversation. It ensures that you and your spouse are focused on finding solutions and less worried about saying the wrong thing. Even if things get a bit heated, you can move past it and get the conversation back on track with the help of your mediator. If you and your spouse can negotiate in good faith and treat each other with some respect, mediation is a great way to find common ground without creating public records.

What Are Some Other Potential Benefits of Mediation?

The confidential nature of mediation is certainly one of its primary appeals, but that’s not all it offers. This method of dispute resolution can also be quicker and less expensive than litigation. It also helps divorcing couples learn how to speak to each other respectfully and deal with issues head-on, something that’s going to be a necessity if you share children and have to maintain a co-parenting relationship.

Contact Our Law Firm Today

If you are going through a divorce, contact Butler, Giraudo & Meister, P.C. to learn more about your options. We can help you and your spouse find a dispute resolution method that suits your needs and makes it easier to come to an agreement.

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