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Are family law mediation services confidential?

On Behalf of | May 1, 2024 | Divorce |

Family law mediation is a structured, yet informal way for parties to resolve disputes. It can lead to positive outcomes for parents and children alike.

But are these services confidential? Whether you are going through a divorce or are seeking a child custody modification, it is important to know about family law mediation and how it safeguards the interests of all parties involved.

Your right to privacy in Virginia

According to Virginia Code § 8.01-576.10, mediators cannot disclose any information related to the mediation process. This law effectively makes all communications privileged.

With their privacy assured, parties can discuss matters freely. They don’t have to worry about their words being used against them in court. This also protects the mediation process’s integrity.

Exceptions to the rule

Confidentiality does not extend to criminal plans or threats of violence. Mediators must also report Information about child abuse or neglect. The goal is to strike a balance between privacy and parties’ safety.

Trusting your mediator

Mediators must adhere to strict ethical guidelines that reinforce these rules. They manage sensitive information with the utmost discretion. Their role is not to judge or decide the case, but to facilitate effective communication between parties.

Understand that confidentiality is paramount in family law mediation. This protection applies from the beginning of the process until its conclusion, regardless of whether you reach a settlement or not.

Understanding and trusting in these confidentiality measures is essential for anyone considering mediation as a way to resolve family disputes. This trust fosters a more collaborative atmosphere, potentially leading to more amicable and mutually beneficial outcomes.


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