|Opis:||Family mediation is increasingly used method of alternative dispute resolution, mainly due to the positive qualities that such a procedure offers. Not only that the process is faster, more flexible and less formal than the other court and arbitration proceedings, but it also provides a great deal of privacy and exclusion of the public from the process. This characteristic is often a key characteristic for the customer opting for this kind of mode of resolving the dispute. Because of this feature it can be termed as a fundamental principle of family mediation. This is the principle of confidentiality, which provides assurance that the parties in the process, mediators and other third parties, which are present in the process, are required to protect confidential data, especially from the point of view that this are family law disputes, which have a lot of emotional touch and interfere in the private sphere of individuals. With signed declaration of trust, participants in the process are taking further commit that principal of confidentiality will be fully respected. Above all, for the mediator this principle is a professional secrecy obligation for which mediator is legally liable. However, especially in family mediation, we can find exceptions like the principle of confidentiality and protection of personal data. In this branch of mediation, the principle does not apply in absolute terms, since there are exceptions which require from the mediator, that in certain cases, confidential and classified information are passed to the authorities, because of suspected criminal offense, which is delicate especially for the most vulnerable members of the family - children. In this case, the principle of confidentiality is made subject to the principle of the protection of the child's interests.
The thesis seeks to present the principle of confidentiality in detail in the field of family mediation, furthermore how this principal works in the mediation triangle, which exceptions give a special status to this principle, and how this principle is discussed in our legislation and international legal instruments. To make the understanding of this principle easier and clearer, it was also necessary to explain some basic concepts and characteristics of family mediation. |