CONFIDENTIALITY IN MEDIATION: LEGAL GUARANTEES AND LIMITATIONS
CONFIDENTIALITY IN MEDIATION: LEGAL GUARANTEES AND LIMITATIONS

Summary/Abstract: Confidentiality represents one of the fundamental principles of mediation, being essential for creating a climate of trust between the parties and for ensuring the effectiveness of the procedure. This paper examines the national and European legal framework governing confidentiality in mediation, the guarantees it provides, as well as the limits imposed by law and jurisprudence. Comparative perspectives from France, Germany, the United Kingdom, and Italy are also analyzed, highlighting different approaches to balancing confidentiality with public interest and access to justice. The study concludes that confidentiality should remain the general rule, while exceptions must be strictly defined, in order to strengthen trust in mediation as an alternative dispute resolution mechanism.

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