By Michaele Gantz, Mediator and Founder of Consenso Mediation | Serving Saratoga County and surrounding areas
Why Confidentiality Matters in Divorce Mediation
Divorce mediation is a voluntary and private process. It offers a structured way for people to resolve disputes without going to court. Whether the conflict involves divorce, parenting, or family transitions, the goal remains the same: work toward an agreement peacefully.
One of the biggest reasons clients choose mediation is confidentiality. This core feature allows parties to speak openly without fear that their words will be used against them later. For individuals seeking divorce mediation in Saratoga County and the surrounding areas, this privacy offers relief during an emotionally charged time. It removes the pressure of “performing” in front of a judge and encourages honest discussion.
Confidentiality in mediation builds trust. It makes the process more productive and much less stressful than traditional litigation.
What Confidentiality Looks Like in Practice
So what does confidentiality in divorce mediation actually look like? Simply put, the information shared during a session stays in the room.
Sessions are not recorded. Notes are not shared. The mediator does not submit a report to the court. Instead, the focus stays on the conversation between the parties.
As a divorce mediator, I take confidentiality seriously. I create a safe space where both people can speak freely—without interruptions or judgment. Everything discussed remains private unless both parties agree to share it.
For example, in a divorce mediation session in Schenectady or the surrounding areas, a couple may discuss finances, parenting plans, or unresolved emotional concerns. These topics may never surface in a courtroom—and that’s the point. At Consenso Mediation, mediator Michaele Gantz provides space for resolution, not exposure.
Legal Protections and Limitations
In New York State, confidentiality in divorce mediation is not just a best practice—it’s protected by law. Mediators and parties are generally prohibited from disclosing details of the mediation in any legal proceeding.
However, there are limits. Certain exceptions exist where disclosure is legally required. For instance:
If someone makes a credible threat of violence
If there’s suspicion of child abuse or neglect
If a court orders disclosure under specific legal circumstances
It’s also important to understand that while mediation is private, any written agreement created during the process can be submitted to the court. If both parties agree and sign, that document may become part of a public record.
So while most conversations remain protected, it’s wise to understand what can—and cannot—be brought up in court later. I always review these details with clients at the start of the process.
Building Trust Through Confidentiality in Divorce Mediation
Trust is the foundation of effective mediation. Without it, resolution is nearly impossible. That’s where confidentiality comes in.
When people know their words will stay private, they’re more likely to speak honestly. They can express frustration, share fears, and discuss sensitive issues without worrying about backlash.
This is especially important in divorce mediation. In Saratoga County, many couples come to me unsure about how to move forward. Emotions run high. Communication has often broken down. But once confidentiality is established, the conversation begins to change.
Parties shift from defensive to cooperative. They feel safer expressing what they really need. That safety can unlock progress—and build the foundation for a new, respectful dynamic post-divorce.
When Confidentiality is Misunderstood
Despite its importance, confidentiality in divorce mediation is often misunderstood. Many clients assume that nothing said in mediation can ever be repeated. While that’s mostly true, there are important nuances.
First, participants themselves can waive confidentiality. If both parties agree to disclose certain facts from mediation, they can. For example, if they want to share parts of their discussion with a therapist or financial advisor, they may sign a waiver allowing that.
Second, not everything remains off-limits if mediation breaks down. If someone shares financial information in mediation but then hides assets later in court, that behavior may come under scrutiny.
It’s also critical to remember: the mediator cannot be subpoenaed to testify. I cannot act as a witness or share mediation content unless required by law. This independence is key to preserving neutrality and trust.
Misunderstandings can derail the process. That’s why I spend time clearly explaining what confidentiality does—and does not—cover during our first session.
Conclusion – Confidentiality as a Cornerstone of Mediation
At Consenso Mediation, I believe in creating a respectful and confidential space where people can move forward. Confidentiality in divorce mediation isn’t just a benefit—it’s a cornerstone. It supports honest dialogue, protects sensitive information, and empowers people to solve problems together.
Whether you’re considering divorce mediation in Saratoga County or navigating family decisions in Schenectady, Albany, Troy, or any of the surrounding areas, please know that privacy is always a top priority in my practice.
Mediation doesn’t need to be scary. With the right guidance and a commitment to confidentiality, it can be a calm, focused process that leads to lasting solutions.
Ready to learn more? Contact me, Michaele Gantz, at Consenso Mediation for a confidential consultation. Let’s explore how divorce mediation can help you move forward—with privacy, dignity, and clarity.
