Divorce Mediation Confidentiality

One of the benefits we as citizens of the United States enjoy as part of our legal system is that of confidentiality which comes in the form of what is commonly referred to “attorney-client privilege.”  As defined by Wikipedia:

“Attorney-client privilege is a legal concept that protects communications between a client and his or her attorney and keeps those communications confidential.  The policy underlying this privilege is that of encouraging open and honest communication between clients and attorneys, which is thought to promote obedience to law and reduce the chance of illegal behavior, whether intentional or inadvertent. As such, the attorney-client privilege is considered as one of the strongest privileges available under law.”

But since you are here on the blog of a New Jersey divorce mediator you must be wondering why are we telling you this?  Because confidentiality applies to divorce mediation in NJ too so the same privilege you would enjoy when speaking with an attorney, also applies to any conversations you have with your divorce mediator in New Jersey.   Because divorce mediation is a voluntary process and each of you are choosing to use a mediation service to work through the issues surrounding your divorce, the mediation process requires two things: (1) trust and (2) full disclosure.

On the issue of trust, because each of you is being asked to take what the other party takes at face value, it is important that you can be open and honest and providing a confidential and safe environment for these conversations to take place is invaluable to the success of the mediation process.  As for full disclosure, as your divorce mediator, I am going to be asking you for a series of sensitive documents including, but not limited to, bank statements, credit reports and tax returns and I want you to feel comfortable disclosing this information to me.  Additionally, the conversations we may have regarding your relationship may be upsetting at times and therefore I want you to know that I take the trust you’ve placed in me seriously and will not disclose the details of your personal lives to anyone outside of our office.  Of course there is one last reason confidentiality is so important to the meditation process and that is should you be one of the 1/2% of one percent of couples who are unable to mediate their divorce and end up entering the litigious world of the courts, anything you said in mediation would not be admissible in a court of law.  It is this freedom to explore options in mediation that makes it such a success as why we feel it is the smarter way to divorce.

If you have any questions about divorce mediation or how mediation can benefit you, please feel free to contact us to schedule a free, no-obligation consultation in one of our seven North or Central New Jersey office locations where we will take some time to get to know more about you and your situation and see if mediation is right for you.  Of if you’re simply not ready yet, feel free to visit the Equitable Mediation Services website where you’ll find lots of great information about parenting plans, equitable distribution, NJ child support and spousal support (alimony) and contact us when you’re ready.  We look forward to helping you get through your divorce peacefully, efficiently and with as little stress on you and your family as possible.