Clients and mediators must be aware that there are legal and ethical circumstances in which confidentiality cannot be maintained. These circumstances include but are not limited to the legally mandated requirement to report suspicion of child abuse or a suspicion of bodily harm or violence to another person. Mediators should be aware of any legal or statutory limits placed on mediation in the jurisdiction in which they practice. Exceptions to confidentiality and any other exceptions that may arise because of the circumstances, legal framework, or institutional structure within which mediation occurs should be disclosed to the parties before or during their initial meeting with the mediator. The mediator should inform the parties of the possibility that the mediator might be compelled to testify in court or in other ways reveal information gathered during the mediation process.
Confidentiality applies to the mediator and the mediator's records.
Social work mediators shall assess each conflict and shall proceed only in those circumstances in which mediation is an appropriate procedure. Mediation is not appropriate for all types of conflict. Mediators should assess whether each party has the capacity to engage in mediation and has the support necessary to be an effective participant. They should inform parties about alternative dispute resolution processes that are available to them and discuss the appropriateness of mediation at the beginning of the intervention. If mediation is to be effective, parties at a minimum must have the ability to negotiate for themselves, to assess the information relevant to the case, and to understand the implications of the various agreements being considered.