When it comes to negotiating agreements to settle lawsuits or restructure debts, confidentially is a serious matter, but so is the need for disclosure and transparency. It’s very tough to satisfy both requirements. Neither party is willing to be totally candid and open to the face of the other. Neither party is willing to take a leap of faith to trust the other party. These are situations especially well-suited for mediation.
During mediation, I will have the opportunity to meet with each party privately without the presence of any other party. This is the time you can safety extend your trust and confide in the mediator. Share with me those more sensitive facts and figures that you are not comfortable disclosing to the other parties. Tell me your real priorities. The mediator, just like an attorney, is legally bound not to disclose any of these conversations to the other parties. There is a lot I can do with this confidential information to steer the negotiations towards agreement without actually disclosing any of it to the opposing parties or their lawyers.