This provision does not seem applicable to a mandated reporter who is serving as a mediator in a mediation center, and it is doubtful whether the mediator who is a mandated reporter will satisfy the statute by reporting to the program director. Program directors should have an address and phone number for the reporting agency in their county or circuit and make this information available to mediators. Questions about the specific requirements of reporting should be referred to the reporting agency. Since confidentiality does not extend to allegations of child abuse, any information regarding the allegation should be reported. Only the information relating to child abuse is excluded from the confidentiality pledge.
Confidentiality applies to other information revealed by any party during the mediation.
If an admission is made in caucus, the mediator should not inform the other party but should discharge his or her duty by reporting that admission. If the mediator feels that the child is in imminent danger, the mediator should use his or her judgment as to how this information should be reported to best protect the child. It is necessary that the mediator terminate the mediation as soon as there is an allegation of child abuse. This should be handled as gracefully as possible. Telling the parties that the case is inappropriate for mediation may be unwise, causing immediate danger to a party or the mediator or possible retaliation against the child.