When you intervene in mediation, should you report to the other party what you say to one party?

• A. No, you should keep your personal notes confidential.
• B. Yes, you must say to the other party what you say to the first party.
• C. Yes, but only if the other party asks for a verbatim copy.
• D. No, you should only share a high-level summary.

Answer: (B)

In mediation, fairness means both sides should have access to the same information. When you intervene and speak privately to one party, you should disclose to the other party what you said to the first party. This ensures transparency about what was communicated and helps prevent any perception of bias or hidden messages. It supports trust in the process and allows both sides to respond to the same information, which is essential for constructive negotiation.

Keeping your personal notes private doesn’t address the need for transparency about what was actually communicated. Sharing only a high-level summary can leave important details unclear and may hinder understanding. Waiting for a direct request for a verbatim copy introduces a barrier to open communication, which can undermine the integrity of mediation.