Assessment in Closed Mediation: Understanding Privacy & Screening
Confidentiality is the cornerstone of Closed Mediation. Learn how safety assessments work and why 'Closed' means what you say cannot be used in court.
Legal Review: This mediation guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Family Law Act regarding mediation confidentiality (2026).
What is an 'Assessment' in Closed Mediation?
In Closed Mediation, the mediator acts strictly as a facilitator. They DO NOT write an assessment or report for the judge regarding custody or parenting ability. The only 'Assessment' that occurs is the mandatory Intake & Safety Screening at the start, where the mediator assesses for domestic violence or power imbalances. This screening is strictly confidential.
Why Choose Closed Mediation?
Complete Confidentiality
Everything said during sessions is "Without Prejudice." It cannot be repeated in court affidavits or trial.
Honest Communication
You can propose settlement offers without fear that your generosity will be used against you later if the deal fails.
No Bias
Because the mediator won't write a report for the judge, you don't have to 'perform' for them to look like the better parent.
Safety First
The Intake Assessment ensures that mediation only proceeds if it is safe and voluntary for both parties.
The Intake Assessment: What to Expect
Step 1: Individual Meetings
You will meet the mediator alone (without your ex) for 1-2 hours before the process starts.
Step 2: The Safety Questionnaire
You will answer questions about domestic abuse, mental health, substance use, and fear levels.
Step 3: The Determination
The mediator decides if your case is appropriate for mediation. If they find "power imbalances" that cannot be managed, they will decline the case to protect you.
Step 4: The Agreement to Mediate
If approved, you sign a contract explicitly stating the process is Closed and Confidential.
Knowing the Difference
Closed Mediation
Confidential. If it fails, the mediator files a simple note saying 'Did Not Settle.' No details are revealed. Best for negotiations involving finances or sensitive parenting topics.
Open Mediation
Reportable. If it fails, the mediator CAN write a report/assessment to the court describing who was cooperative and what parenting plan is best. Best when you need a tie-breaker.
Common Questions
In Closed Mediation, No. The Mediation Agreement usually includes a clause where you agree NOT to subpoena the mediator.
General admissions are confidential. However, mediators have a legal duty to report **imminent harm to a child** (CAS) or imminent threats to life, regardless of confidentiality.
No. What you tell the mediator during your private safety screening is kept secret from your spouse.
Deepa Tailor, Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She assists clients in navigating the nuances of Closed Mediation, ensuring their privacy and rights are protected throughout the negotiation.
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