Mandatory mediation: A rose by any other name

Abstract The process of mediating disputes has developed many theoretical constructs that define how mediation should occur. One consistent theme in the theoretical models has been the need for confidentiality concerning statements made in the mediation. California law makes mediation mandatory in child custody and visitation disputes, but leaves the issue of confidentiality up to the individual counties. San Diego Family Court Services has found that the conditions under which mandatory mediation occurs are different from those indicated in the theoretical models. Mandatory mediation has needs of its own and requires a model and application specific to those needs, including a new view of confidentiality.