Читать книгу Mediation - Alain Lempereur - Страница 60

There are 30,000 cases of criminal mediation in France every year. Petty crimes include slander, assault, and shoplifting. If they become public, the offenders risk ruining, for life, their reputation. Within mediation, confidentiality allows parties to say difficult things about oneself or the other, to react to one another, without the information being used against anyone. Mediation can thus result in apologies, followed by mutual recognition, as well as reparations for the reprehensible act. However, confidentiality does not cover infringements of public order. Here is why mediators temper the principle of confidentiality, as Chapter 3 indicates, with the principle of respect for the law. For example: “I commit to confidentiality and invite you to do so. But if there was a violation of public order, I would be obliged to disclose it to the prosecutor.” Each person knows the limits of confidentiality guaranteed by mediation because they have been clearly spelled out by the mediator.

To protect oneself from the risks of leaks in the media, the advantage of confidentiality in mediation is valued in the political field, as in economic matters, between companies.