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Examples Of Mediator Testimony

912 Words4 Pages

4. Mediator’s image as impartial when testify Mediator testimony would compromise their image as impartial. Courts preserve confidentiality as a guarantee of impartiality, since any testimony by a neutral may be interpreted as favouring one side or another. Thus, we find a passage in Tomlinson which states:
However useful the testimony of a conciliator might be in any given case the conciliators must maintain a reputation for impartiality, and the parties to conciliation conferences must feel free to talk without any fear that the conciliator may subsequently make disclosures as a witness in some other proceeding, to the possible disadvantage of a party to the conference. If conciliators were permitted or required to testify about their …show more content…

Possible outcomes of given situations

During the mediation meeting, if one of the parties expressed in confidence that they have contravened some alleged criminal act and would like the mediator to keep it confidential, possible scenarios and outcomes are discussed in the following section:

Scenario 1
If the situation prevailed that, the mediator feels that the statement provided by the party is mentioned rather accurately to be true. The mediator can then terminate the mediation process, since all parties have the right to terminate the meeting at any time during the mediation meeting. After considering the impact of the situation, the mediator can consider reporting the case to the police.

The possible outcome of this scenario maybe that the authority may use the communication as evidence. If the party was a suspect of a crime, then the communication may be of use. It is actually dependent on the how materialistic the communication is.

Scenario 2
Continuation of the full mediation process to seek for the mutually agreed settlement completed the mediation by both party signing the mediation settlement agreement. Then the case is reported to the …show more content…

A MOU maybe signed or may not. After the meeting, the case is reported to the police.

The possible outcome of this scenario would be similar to scenario 2.

Scenario 4
Disregarding the mediation result and ignoring the party statement.

The possible outcome of this scenario maybe that, if the mediator is so meticulous and calculated, no potential consequence could be caused In other case, if the party get caught by the police and finally found guilty and imprisoned, the respective party might reveal to the court about why the mediation process. Then, the worst outcome to the mediator would be that important evidence is upheld for further legal actions towards the mediator.

6. Conclusion The basic foundation of mediation is the confidentiality in the process and between parties; the principle of trust is the key of mediation, being a useful and successful method as an alternative dispute resolution. The establishment of the trust is vital. That is why under different jurisdiction, handling of this matter ought to be delicate and

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