Many parents worry about what happens to their words once they enter the mediation room. In particular, they ask: can information disclosed during a confidential mediation session be used to launch a safeguarding or tax investigation later? The short answer is yes, but only in limited circumstances. At Family Mediation Services, we explain these limits at the start of every case. As a result, you can speak openly and understand exactly where you stand.
How Confidentiality in Family Mediation Works
Confidentiality in family mediation protects most of what you say. Generally, your accredited mediator keeps your discussions private from other people. However, the law draws a clear line at illegal activity. Therefore, you should understand the exceptions before your first session. This knowledge helps you decide what to share and how to share it.
Mediation works best when both parents feel safe to talk. For example, you can explore parenting plans, finances and living arrangements without fear of judgement. Our mediators set clear ground rules at the first meeting. They also explain which topics fall outside confidentiality. That way, nobody feels surprised later.
Can Mediation Information Be Disclosed?
Yes, your accredited mediator can start an investigation when you disclose illegal activity. These disclosures include:
- Benefit fraud
- Proceeds of crime, such as money laundering
- Social housing fraud
- Child safeguarding concerns
Of course, such cases remain unusual. By far, child safeguarding is the concern we encounter most often. Benefit fraud referrals, on the other hand, happen on very rare occasions. Many people also wonder whether mediation information can be disclosed in other situations. We recommend that you ask your mediator directly, because each case differs.
Safeguarding Disclosures in Family Mediation
Safeguarding disclosures in family mediation make up the largest category of referrals. Typically, the mediator does not have to tell parents that a referral has happened. This applies particularly when telling them may put a child at further risk. In reality, we encourage parents to make safeguarding referrals themselves. This approach keeps you in control. It also helps you build a working relationship with social services. A referral does not mean blame. Instead, it helps a child get the support they need.
What About Tax Investigations?
Tax investigations are virtually unknown in this setting. A mediator, and indeed a solicitor, rarely has enough access to internal financial information to make a confident referral. In our experience, it is entirely unheard of for a mediator or solicitor to refer a family law client for tax evasion. Consequently, you have little reason to fear a tax investigation because you attended mediation. Still, you should always give full and honest financial disclosure.
How Family Mediation Services Approaches Safeguarding
At Family Mediation Services, our primary concern is the safety and wellbeing of your children. We have a standard policy: we ask parents to make social services referrals themselves rather than make the referral for them. This allows you to obtain the necessary support in a collaborative rather than adversarial manner. Meanwhile, our accredited mediator team guides you through every step. Above all, we want your family to feel safe, heard and supported.
Speak to Our Team Today
Do you have questions about confidentiality in family mediation or safeguarding? Contact Family Mediation Services today. Call us on 0300 365 2700 or email us at admin@familymediationservices.co.uk. Our friendly accredited mediator team will happily explain your options.
Frequently Asked Questions
Yes, in limited cases. An accredited mediator can start an investigation after you disclose illegal activity, such as benefit fraud, money laundering, social housing fraud or child safeguarding concerns. However, tax investigations are virtually unknown.
No. Confidentiality in family mediation covers most of your discussions, but it has exceptions for illegal activity and risks to children. Therefore, ask your mediator to explain these limits at the start.
No. Child safeguarding concerns form the most common reason for a referral. Your mediator assesses each concern and acts to protect the child. In addition, we encourage parents to make the referral themselves.
Sometimes, yes. Typically, the mediator does not have to tell parents about a referral, particularly when telling them may put a child at further risk. Nevertheless, we encourage you to make safeguarding referrals yourself.
This is virtually unheard of. A mediator or solicitor rarely has enough access to internal financial information to make a confident referral. Even so, you should always give full and honest financial disclosure.
Our primary concern is your children’s safety and wellbeing. When you make the referral yourself, you receive the necessary support in a collaborative rather than adversarial manner. As a result, you keep control and build a positive relationship with social services.