• Phone: 0330 999 0959 | Email: admin@mediateuk.co.uk

    Can you Record Family Mediation Meetings for court?

    Can you Record Family Mediation Meetings for court?

    Falling under the area of family law, family mediation serves as a positive tool for resolving disputes amicably. However, questions often arise regarding the permissibility of secretly recording mediation sessions and the potential use of such recordings in court. In this blog post, we address the question “Can you Record Family Mediation Meetings for court? and we take a look at the implications surrounding this issue.

    Understanding the Confidentiality of Family Mediation

    It is important to understand that family mediation operates under a strict framework of confidentiality. The essence of family mediation lies in creating a safe space where parties can openly discuss their concerns and work towards mutually acceptable solutions. This confidentiality is not only encouraged but also legally protected.

    “Section 10(1) of the Mediation Information and Assessment Meeting (MIAM) regulations underscores the confidential nature of the mediation process. It states that “no evidence relating to the mediation may be disclosed” unless all parties involved expressly agree otherwise.”

    The Challenge of Secret Recordings

    Despite the desire for transparency, secretly recording family mediation sessions poses significant legal challenges. First and foremost, such recordings directly contravene the confidentiality principle inherent in family mediation. It is highly likely that your family mediator would be required to immediately end the session and call a halt to mediation as a method of dispute resolution. When parties consent to engage in mediation, they implicitly trust that discussions will remain private and will not be used against them in future legal proceedings and they sign a contract to confirm this.

    Legal Implications of Secret Recordings

    Admissibility in Court: In England and Wales, family court judges may exercise their discretion when considering evidence obtained through covert recordings. However, the court is likely to scrutinise the circumstances surrounding the recording, including the motive behind it. Illegally obtained evidence, such as secret recordings in violation of confidentiality, are highly likely to be deemed inadmissible and could impact negatively on your case.

    Breach of Trust: Secretly recording family mediation sessions not only violates legal principles but also erodes the foundation of trust essential for successful mediation. Parties may become hesitant to engage in open dialogue if they fear their words could be used against them in future legal proceedings. There would be an onus on the mediator to stop mediation if it as discovered that recording were made.

    Impact on Family Mediation Outcomes: The awareness that sessions may be recorded could alter the dynamics of the mediation process, inhibiting honest communication and hindering the possibility of reaching a mutually agreeable resolution.

    Summary

    Man,Taking,Notes,Sitting,In,Front,His,Computer on a meetingIn conclusion, it is important to recognise that secretly recording family mediation sessions is not a feasible or advisable course of action. The bedrock of family mediation lies in confidentiality, and breaching this trust carries legal and ethical consequences. Parties are encouraged to engage in mediation with confidence, knowing that the process is designed to foster open communication and resolution in a private and protected environment.

    It is likely to bring an end to the mediation process and incur more expenses by forcing you both to use another method of dispute resolution

    GET IN TOUCH TO FIND OUT HOW MEDIATE UK CAN HELP WITH YOUR PARENTING OR FINANCIAL DISPUTE, OR WITH A DIVORCE OR SEPARATION.

    CALL 0330 999 0959 OR CLICK HERE FOR A FREE 15-MINUTE CONSULTATION

    Related Posts

    We can resolve your financial, property or parenting issues amicably, cost effectively and fairly

    Book Your Consultation Here
    ×

    How can Mediation Help?

    We can help resolve your Financial, Property or Parenting issues, amicably, cost effectively and fairly.
    Contact us to find out more about why mediation can help your case. 0330 999 0959 or email admin@mediateuk.co.uk.