Is Divorce Mediation Confidential in New Jersey?
Posted November 14th, 2024.
Categories: Blog.
Mediation is a beneficial tool for divorcing couples across the country. In New Jersey, the information shared during mediation is considered confidential unless extenuating circumstances apply. For more information on the pros and cons of mediation contact a skillful Cherry Hill mediation attorney today.
Are the Things Discussed in Mediation Considered Confidential in NJ?
Fortunately for couples divorcing in New Jersey, the contents of mediation sessions are considered privileged information and to be kept confidential. Spouses may rejoice at this fact for a variety of reasons. Divorce is often an emotional and tumultuous time. Hurtful words can be spoken and both parties must be vulnerable, laying their finances and other details of their life out to be examined. Mediation records being confidential helps ensure that personal details can remain private from public knowledge. Couples who share children may also feel relief that the hairy details of their divorce will not get back to their kids.
When Can Confidential Information Be Disclosed?
While it is true that the information revealed during mediation sessions is protected under NJ law, some circumstances may require details of the negotiations to be disclosed in a court setting. Consider the following scenarios.
- Perhaps the most obvious way that mediation communications can be exposed, the information may be revealed when all parties involved sign a written agreement giving their consent.
- Some mediation sessions are considered open or are required to be open to the public. Communications shared during open sessions are public knowledge and can be used during future negotiations and legal proceedings.
- Information may be disclosed for an individual’s safety or to ensure the mediator and everyone involved are following the law. For example, if information about a crime or attack or a party’s intent to commit a crime or attack is revealed, the communication may be disclosed to the authorities.
- If a claim of professional misconduct or malpractice is made against the mediator or any party involved in the mediation sessions, records may be required to be disclosed as a way to prove or disprove the claim.
- Confidentiality may be overridden if the information is required to prove or disprove an accusation of child abuse or neglect of a child.
- If the communication includes information and evidence that is necessary in a case and the need for it exceeds the need to protect confidentiality, it may be required to disclose the information.
Should I Hire a Lawyer During Mediation?
It is important to hire legal counsel during a divorce even if you are participating in mediation instead of a trial. The laws surrounding mediation and confidentiality can be complex and it is crucial that you understand your rights and options during this process. Your lawyer will help you navigate your divorce and ensure you protect yourself and your assets. Reach out to an experienced attorney today for more information.
