Document background
The Mediation Confidentiality Agreement serves as a crucial document in South African alternative dispute resolution processes, designed to protect sensitive information disclosed during mediation proceedings. This agreement becomes necessary whenever parties enter into mediation and need to ensure that all discussions, documents, and information shared remain confidential. It incorporates key provisions aligned with South African legislation, including POPIA compliance requirements and relevant court rules regarding mediation. The agreement typically includes detailed confidentiality obligations, permitted exceptions, enforcement mechanisms, and the duties of all participating parties. This document is particularly important given that South African law recognizes both statutory and common law principles regarding confidentiality in alternative dispute resolution processes.
