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Resolving disputes creatively

Mediators in divorce mediation must keep information confidential

Some people in New York really like to keep their information private. People make sure that others do not have access to emails, text messages, bank accounts, credit cards and many other aspects of their lives, and usually do not like other people to know their exact financial situation or know about the problems they are having with a spouse or their children. However, in certain situations, these issues could become public knowledge.

One of these situations is a divorce. If the couple cannot resolve their differences and reach agreements on their own, a judge generally decides things for them. However, in order to make these decisions, the judge needs to be given the facts and those facts can involve very private matters that people would rather keep private. Many couples would wish to avoid this, but some may think that they have no other choice because they cannot seem to agree on anything with their soon-to-be ex-spouse.

Couples who find themselves in this situation could utilize divorce mediation to help them reach agreements. A divorce mediator is a neutral third-party who assists the couple in understanding the other side's position and, hopefully, reach agreements. However, in the mediation, the couple must disclose and discuss the personal matters that the couple may hope to keep private. Fortunately, the mediator is required to keep all of this information confidential. So, almost anything that is disclosed in mediation will stay in the mediation unless one of the parties decides to disclose it later.

Source: www.nycourts.gov, "Standards of Conduct for New York State Community Dispute Resolution Center Mediators" Holly Clemente, accessed on April 3, 2018

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