Yes – all discussions with mediators are confidential unless serious concerns are raised about the welfare of children when the mediator has a duty to contact Children’s Services(formerly Social Services)
We have one other exception to confidentiality – the Proceeds of Crime Act. This covers any illegal financial dealings e.g. benefit fraud, tax evasion. If we become aware of these kinds of irregularities, we have to stop mediation.
If you are worried about confidentiality issues, ask the mediator at your initial meeting who will explain more.
We summarise in writing any agreed proposals you make in mediation for you to share with your solicitor and the court if they are involved. It also means that if you do not reach agreement on all the issues and go to court afterwards, then neither of you can refer to discussions in the mediation unless you both agree. This does not apply to factual financial information which can be passed to solicitors and used in court.