LES WALLERSTEIN
Divorce Mediator & Counselor at Law

“Agree, agree, the law is costly.” Fables of Aesop

CONFIDENTIAL

The confidentiality of mediation is protected by Massachusetts law, (Chapter 233, Section 23C). This statute requires both clients and the mediator to sign a written agreement to mediate, which protects all communications made in the course of mediation. This statute prohibits both the clients and the mediator from disclosing any confidential communications or materials that were made in the course of the mediation in any judicial proceeding.

My mediation agreement makes one exception to the rule of confidentiality — for abuse as defined by Massachusetts law, (Chapter 209A). Since I was as a psychotherapist for 20 years before becoming a lawyer, I am a mandated reporter of abuse under that statute. Accordingly, I provide all prospective clients with copies of both statutes, and explain the potential exception to confidentiality before beginning to mediate. Fortunately, I have never had to make an exception to the rule of confidentiality since becoming a lawyer in 1990.