"Confidentiality"is one of the basic principles and core values of commercial mediation.However,in order to maintain the fairness of mediation,protect the legitimate rights and interests of weak parties and the third persons,a-chieve social enlightenment,and improve the efficiency of subsequent adjudication procedures,some countries and regions have set the following five exceptions in their mediations rules while adhering to the principle of confidentiality:(1)The relevant mediation information to be disclosed is independent or belongs to well-known common knowledge;(2)Under the consent of the mediation information provider or producer;(3)Necessary for fulfilling or enforcing mediation settlement agreements;(4)Necessary to prove the misconduct of mediators or other professionals;(5)For the purpose of maintaining public policy.Upon disclosing mediation information,attention should be paid to the applicable boundaries of confidentiali-ty exceptions,namely,conformity with the principle of proportionality,fulfilling a strict disclosure procedure,and clarif-ying legal remedies for improper disclosure.In the near future of formulating the"Commercial Mediation Law"in China,the principle of confidentiality in mediation should be established in the general provisions,while the confidentiality excep-tion rules included in the specific provisions,clearly defining the object,subject and procedure of mediation information disclosure as well as the legal responsibilities and remedies in case of improper disclosure.
commercial mediationprinciple of mediation confidentialityexceptions to confidentialityprinciple of proportionality
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