Protection of Confidentiality in the Mediation of Minor Disputes (From Confidentiality in Mediation, P 13-45, Lawrence Freedman, et al, eds. See NCJ-99740)

• NCJ Number: 99742
• Author(s): E P Friedman
• Date Published: Unknown
• Length: 33 pages
• Sale Source: American Bar Assoc
• Publication Type: Program Description (Model)
• Language: English
• Country: United States of America

Annotation

After reviewing the history of mediation and the various contexts in which it has been used, this paper describes a model criminal mediation program, and discusses means to ensure confidentiality in such programs.

Abstract

Mediation is briefly described for medical malpractice, divorce, and criminal case processing (mediation is used prior to formal arrest or prosecution). A major section of the paper describes the Night Prosecutor Program (NPP) of Columbus, Ohio, deemed a model criminal mediation program. The description of the program encompasses its history and procedures, staff composition and training, and program costs. Another major section of the paper considers the importance of and methods for ensuring confidentiality in the mediation of disputes that may subsequently become involved in civil or criminal proceedings. Particular attention is given to the means used by the NPP to provide confidentiality in mediation hearings. A model confidentiality statute is proposed for NPP-type programs, so as to enhance their development and use. The suggested legislation requires that all information pertaining to the subject matter of the mediation be confidential, meaning that it cannot be disclosed in any subsequent judicial or administrative proceeding without the written release of all parties involved. 'Information' is defined to include that obtained from files, reports, case summaries, and mediator or counselor notes created in the performance of mediation. A total of 214 footnotes are listed.