Research On The Principle Of Mediation Confidentiality

By shaping the independent and closed mediation space, the principle of confidentiality in mediation can help to obtain the trust of the parties to mediation, so as to better achieve the realization of the function of the dispute. The principle of confidentiality in mediation should be one of the basic principles of mediation. This paper focuses on the construction of the basic knowledge system of confidentiality in mediation. The paper firstly clarifies that the principle of confidentiality in mediation refers to a series of substantive requirements and procedural requirements for secrecy protection of certain information in mediation, in order to guarantee the trust of the parties to the mediation procedure. Then this paper prsents that this principle includes content from two aspects, one is to keep confidential to another party, the other is to keep private from the others. Because it can help to meet the demand of the parties in reaching a consensus in the mediation, protecting privacy and ensuring that the mediator is neutral and realible, this principle needs to be a basic principle of the mediation. On the basis of examining legislation and judicial practice, the paper concludes that, in our country, the reason for the lack of the principle of confidentiality in mediation is to design the mediation as the mode of operation of the jurisdiction and to mingle the mediation procedure with the judicial procedure. Illustration of the scope of mediation of confidential information, this paper argues that the chinese present meidation regulation shall take generalized, and the exception of the confidential information shall at least include: a) dispute mediation subject agree to give up, b) protect the interests of the public, c)serve the judicial executive, d) apply to fight crime. The last chapter is to improve the protection of the principle of mediation and secrecy from three perspectives: mediation law, evidence law and mediation behavior standards.