Mediation in family disputes is conducted on the basis of the principle of confidentiality. It ensures a trustworthy and secure environment for the process.
The principle of confidentiality protects the information, documents, and content of negotiations provided by the parties, guaranteeing that they will not be disclosed to third parties or used for other purposes, except in cases prescribed by law.
Confidentiality promotes open and honest communication, as the parties can discuss the details of the dispute without fear that the information could be used against them. In the event that a settlement is not reached and the case becomes subject to examination in court, statements made during the mediation process cannot be used in the lawsuit by any party to the proceedings, which truly gives the parties the freedom to be open during the mediation phase in order to find compromise solutions.
In the Republic of Armenia, this principle is guaranteed by the RA Law "On Mediation".
The judicial process, unlike mediation, is mostly open and public, as its purpose is to guarantee the transparency of justice. Under the laws of Armenia, court hearings are generally held in an open format, except for special cases where the court may decide to conduct the examination of the case in a closed session (in camera). Data presented during the trial, including documents and testimonies, become an integral part of the case and can be accessible to third parties or used in other proceedings. The level of confidentiality is low, as court judgments are published on a publicly accessible platform to ensure public trust and the rule of law.
Even if the Court decides to conduct the case in a closed session, the Guardianship and Trusteeship Body is still involved in matters relating to a child for the purpose of providing a conclusion on the case. This body carries out its work through a commission, where at least a dozen employees become aware of the sensitive details of the family case.
In the mediation process, meanwhile, third parties who have no connection to the dispute are not involved in the process by the licensed mediator, which best highlights the advantage of mediation in family cases. The principle of confidentiality protects the information, documents, and content of negotiations provided by the parties, guaranteeing that they will not be disclosed to third parties or used for other purposes, except in cases prescribed by law.
Confidentiality promotes open and honest communication, as the parties can discuss the details of the dispute without fear that the information could be used against them. In the event that a settlement is not reached and the case becomes subject to examination in court, statements made during the mediation process cannot be used in the lawsuit by any party to the proceedings, which truly gives the parties the freedom to be open during the mediation phase in order to find compromise solutions.
In the Republic of Armenia, this principle is guaranteed by the RA Law "On Mediation".
The judicial process, unlike mediation, is mostly open and public, as its purpose is to guarantee the transparency of justice. Under the laws of Armenia, court hearings are generally held in an open format, except for special cases where the court may decide to conduct the examination of the case in a closed session (in camera). Data presented during the trial, including documents and testimonies, become an integral part of the case and can be accessible to third parties or used in other proceedings. The level of confidentiality is low, as court judgments are published on a publicly accessible platform to ensure public trust and the rule of law.
Even if the Court decides to conduct the case in a closed session, the Guardianship and Trusteeship Body is still involved in matters relating to a child for the purpose of providing a conclusion on the case. This body carries out its work through a commission, where at least a dozen employees become aware of the sensitive details of the family case.
In the mediation process, meanwhile, third parties who have no connection to the dispute are not involved in the process by the licensed mediator, which best highlights the advantage of mediation in family cases.
The principle of confidentiality protects the information, documents, and content of negotiations provided by the parties, guaranteeing that they will not be disclosed to third parties or used for other purposes, except in cases prescribed by law.
Confidentiality promotes open and honest communication, as the parties can discuss the details of the dispute without fear that the information could be used against them. In the event that a settlement is not reached and the case becomes subject to examination in court, statements made during the mediation process cannot be used in the lawsuit by any party to the proceedings, which truly gives the parties the freedom to be open during the mediation phase in order to find compromise solutions.
In the Republic of Armenia, this principle is guaranteed by the RA Law "On Mediation".
The judicial process, unlike mediation, is mostly open and public, as its purpose is to guarantee the transparency of justice. Under the laws of Armenia, court hearings are generally held in an open format, except for special cases where the court may decide to conduct the examination of the case in a closed session (in camera). Data presented during the trial, including documents and testimonies, become an integral part of the case and can be accessible to third parties or used in other proceedings. The level of confidentiality is low, as court judgments are published on a publicly accessible platform to ensure public trust and the rule of law.
Even if the Court decides to conduct the case in a closed session, the Guardianship and Trusteeship Body is still involved in matters relating to a child for the purpose of providing a conclusion on the case. This body carries out its work through a commission, where at least a dozen employees become aware of the sensitive details of the family case.
In the mediation process, meanwhile, third parties who have no connection to the dispute are not involved in the process by the licensed mediator, which best highlights the advantage of mediation in family cases.