law

I have a mediation question. 14. If How would a mediator know whether information provided by one of the parties may be shared with the other party? How should he handle this? 16. What effect, if any, would an ongoing financial business relationship between a mediator and the company owner would have on a mediation?

Answers

A mediator needs to determine whether the information provided by one of the parties is confidential or privileged. This can be done by evaluating the purpose of the mediation, the nature of the dispute, and determining whether the parties had a relationship when the information was disclosed. In a situation where confidentiality has not been explicitly requested by either party, a mediator should treat the information as confidential. In any case, the mediator would need to establish criteria for what information may be shared and with whom. An ongoing financial business relationship between a mediator and the company owner could be problematic for the effectiveness of the mediation. It may be perceived by the other parties as a potential conflict of interest and the mediator may be seen as favoring the company owner, which could result in a lack of trust, credibility and credibility. In order to mitigate this risk, it is important for the mediator to be transparent and make all parties aware of any potential conflict. Additionally, a mediator should also disclose any financial interests or business relationships between them and the company owner so that all parties can be assured of a fair, impartial, and unbiased process.

Answered by justin24

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