What sanctions for litigants who violate the confidentiality obligation attached to mediation?
Consumers involved in disputes with professionals may need to engage a mediator before going to court, depending on the dispute amount. The mediator's opinion is confidential, and consumers cannot disclose it to judges, even if favorable. The law does not impose sanctions for confidentiality breaches, but courts must disregard such evidence. In a case involving a doctor, the court nullified his summons after he included the mediator's opinion in his legal documents, emphasizing the importance of confidentiality in mediation processes.