Podnosząc zasłonę tajemnicy mediacji

ENThe confidentiality of mediation is one of the most import and one of the most emphasised features of mediation. The principle of confidentiality in mediation is enshrined in most if not all national laws on mediation adopted in the European Union member states. It is also reflected in the European Union Mediation Directive. Accordingly, the main questions are raised in the article if indeed everything that happens in mediation is confidential and, if not, what are the limits of this principle. A review of national legislation of the EU member states as well as relevant scientific literature allows to identify three tiers of confidentiality in mediation and analyse the question of potential liability for the infringement of the duty of confidentiality. The cases when the principle of confidentiality is not applicable are also analysed in the article. These cases are divided into three groups, namely, parties' right to wave confidentiality, exceptions to the principle of confidentiality directly enshrined in the legal acts, and certain borderline cases when some information related to mediation has to be revealed in wider efforts to foster the quality of mediation or collect statistical data. The analysis conducted leads to a conclusion that not everything in mediation is confidential and the juridification of mediation and more detailed legal acts on mediation result in more exceptions to the principle of confidentiality. 81.