The confidentiality of divorce mediation is extremely beneficial to spouses who decide to divorce. When divorce is litigated, feuds between two spouses are aired out in front of a courtroom. Matters that may have contributed to the divorce, such as adultery or excessive alcohol use, essentially become public record unless there is a decision to file divorce records under seal. And while it is up to the spouses to request that divorce records are filed under seal, it is up to the judge to decide whether or not to grant a motion to seal.

On the other hand, in divorce mediation, private matters stay in an enclosed environment, never becoming public record. A mediator can help facilitate a couple through divorce and ensure that resentments are kept behind closed doors. This can be beneficial for a myriad of cases and especially for soon-to-be ex-spouses, who simply want to move on with their lives.

There’s also some other extremely important reasons for discretion during a divorce, such as the desire to protect children from identification within court records, protecting the anonymity of victims of domestic violence, keeping sensitive information (Social Security Numbers, bank account numbers, etc.) private, and protecting proprietary business information.

In the instance that a divorce is not successfully or fully mediated (ie. matters of child custody are litigated, whereas property allotment is dealt with in mediation), what happened in divorce mediation stays in divorce mediation. That is to say, your mediator cannot be brought in as a witness at trial. Additionally, negotiation dialogue cannot be used as evidence in a trial because it may sway a judge’s decision(s). Therefore, neither spouse has to worry if they end up litigating their divorce after a failed attempt at mediation. What was discussed or settled on during divorce mediation cannot harm their case in the courthouse.