As mediators, we are used to working on a confidential basis. Principles of confidentiality and without prejudice are enshrined in our professional Codes of Conduct and in the Agreements to Mediate that we sign along with the parties. Yet, the Gauteng High Court Mediation Directive and Protocol requires mediators of civil claims in those courts to submit a report to the court on the conduct of the parties in the mediation in relation to their obligations under the Directive and Protocol. In particular, the mediator must confirm whether the parties mediated in 'good faith'. This will no doubt pose multiple challenges for mediators.

A similar but slightly different challenge emerges in workplace mediation, where the referrer, usually HR, asks for a report after a workplace mediation.

Join Felicity Steadman, Ebrahim Patelia and Tony Allen in this Mediator Professional Development session to find out more and to work through typical scenarios that might present themselves in High Court and workplace mediation.

1. Mediators' Code of Conduct and confidentiality undertaking
2. What do Rule 41A and the Gauteng Mediation Protocol require?
3. What does 'good faith' mean?
4. What about other types of mediation, such as workplace mediation, when the referrer asks for feedback on the mediation?
5. Case study conundrums
6. Implications for:
   1. Pre-mediation preparation by the mediator and the parties
   2. The Agreement to Mediate
   3. Report writing
   4. Mediator privilege