Confidentiality

UNM Ombuds/Dispute Resolution Services for Faculty
Statement of Confidentiality

  • Confidentiality is a critical feature of mediation. Commitment to maintain confidentiality promotes an environment in which the parties can honestly, openly and fully discuss the issues of the dispute.
  • Meetings and mediation sessions are held in strict confidence by the program staff and its mediators. There is no discussion of individuals or content of the sessions.
  • Parties hereby agree to honor the confidentiality of the mediation sessions.
  • All parties must give approval to a request for any other person to be present during the mediation. If a person is approved to attend the session, that person must agree to the standards of confidentiality for the sessions.
  • Mediation sessions are private and confidential to the parties at the table. Notes taken during mediation sessions by mediators and parties are destroyed at the end of the session. Program records are reports on numbers of consultations and mediations; names and circumstances are not recorded.

There are several exceptions to strict confidentiality:

  1. If there is reason to believe that an individual’s safety, health, and/or welfare would be harmed by a failure to disclose otherwise confidential information to appropriate officials; or if issues of abuse or neglect should arise;
  2. If the allegations involve civil rights issues, the individuals will be referred to the UNM Office of Equal Opportunity;
  3. If information about criminal behavior is revealed;
  4. If it becomes necessary to defend a claim against Ombuds/Dispute Resolution Services for Faculty, and/or
  5. If, after opposing efforts by other parties to obtain this information, Ombuds/Dispute Resolution Services for Faculty is ordered by a court to release such information;
  6. If, by your own actions, you reveal confidential information to persons outside the mediation process, through written or verbal communication.
  • Mediators may not be called as witnesses in the event of any further judicial or administrative processes. Documents produced in the mediation cannot be used in any legal or administrative proceedings concerning the mediation.
  • This statement represents the parties’ agreement to work together and is not confidential.
  • This document has been prepared to ensure an environment that is conducive to open discussion during the mediation sessions. It will be relied upon to document the shared understanding of privacy.
  • Mediations at UNM are voluntary. Therefore, Ombuds/Dispute Resolution Services for Faculty observes a higher standard of confidentiality than the Mediation Procedures Act, Section B, of Laws 2007.

The parties’ and mediators’ signatures signify agreement with this statement.

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Party
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Mediator
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Party
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MediatorDate:_______________________

Updated 05/29/11

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