What Can I Do if My Ex Reveals Divorce Mediation Discussions in Public?
Your ex is revealing the details of your mediation discussions in public or perhaps they are discussing embarrassing details of your marriage in Georgia with their friends. Maybe they are posting about your mediation discussions on social media in a highly irresponsible manner. What happens next? Can you hold them accountable for speaking about these private discussions?
Mediation Confidentiality Rules in Georgia
It is important to recognize that mediation is always confidential in Georgia, and the State has specific rules that govern this issue. This falls under Rule 7 of Georgia’s “Alternative Dispute Resolution Program Rules.”
This rule states that all statements made during mediation sessions are confidential. These discussions are also not subject to any court-ordered disclosures, which means no one can be compelled to reveal the nature of these discussions. The rules apply to both the mediators and the spouses. Statements are inadmissible as evidence in any subsequent judicial proceedings – including divorce trials. The only exception is the separation agreement itself, which contains a summary of mediation discussions. Note that these confidentiality rules apply to both statements and documents exchanged during mediation.
Exceptions to Confidentiality Rules
There are exceptions to the rules. These “exceptions to confidentiality” include:
- Threats of violence
- Threats of self-harm
- Evidence of child abuse
- Evidence that someone is in danger
- The person was impaired during mediation
Parties Must Be Informed About Confidentiality at the Beginning of Each Session
Georgia mediation rules also state that the parties should be informed about confidentiality regulations at the beginning of each mediation session. This ensures that neither party can claim ignorance if they subsequently reveal statements in public. This also ensures that confidentiality rules are a necessary requirement for all divorce mediations in Georgia.
Be Sure to Specify Penalties Beforehand
If you want there to be penalties for any future breach of confidentiality, spouses should specify penalties before mediation actually begins. Mediation lawyers can help spouses draft mediation agreements that contain specific financial penalties for breaches. For example, a mediation agreement might state that a spouse must pay a $5,000 fine for each separate statement that breaches confidentiality rules, or a spouse might also be forced to pay their ex’s legal fees if they breach confidentiality agreements.
Find an Experienced Divorce Mediation Lawyer in Georgia
If you’d like to learn more about the confidentiality rules of divorce mediation in Georgia, be sure to speak with an Atlanta mediation lawyer at Kaye, Lembeck, Hitt & French at your earliest convenience. If you have not yet enlisted the help of a mediation lawyer, we can help you formalize confidentiality agreements with enforceable contracts. This could prevent your ex from speaking about your private discussions in the future, and it may streamline more productive negotiations. Book a consultation today to get started.
Sources:
americanbar.org/groups/litigation/resources/newsletters/alternative-dispute-resolution/confidentiality-its-exceptions-mediation/
godr.org/wp-content/uploads/2023/09/ADR-Rules-Complete-Rules-Appendices_9.7.2023.pdf
