Steve Lancken recently addressed issues surrounding the responsibility of neutrals in relation to mediation confidentiality in the ADR Bulletin. This topic is one which is often raised in the context of mediator and party obligations and a topic that Lancken acknowledges is important but ‘not easy’. One issue that was raised related to confidentiality when a criminal offence (or the threat of an offence) had been disclosed and this topic is worthy of further discussion.
"Confessions, confessions … mediator obligations when someone `fesses up,"
6, Article 2.
Available at: http://epublications.bond.edu.au/adr/vol7/iss6/2