PIERCING THE VEIL OF CONFIDENTIALITY IN MEDIATION TO ENSURE GOOD FAITH PARTICIPATION An Untenable Position? Confidentiality is a foundational characteristic of the mediation process, a key feature that distinguishes mediation from litigation. However, the veil of confidentiality has been lifted for several purposes, including the courts' assessment of the parties' conduct so as to ensure good faith participation in the mediation. This article discusses how mediation confidentiality and good faith participation may be concurrently promoted. It reviews the current approaches to upholding the general confidentiality and inadmissibility of mediation communications, and proposes ways to ensure that the veil of mediation confidentiality is pierced in highly circumscribed circumstances. It then examines the issue of whether to mandate good faith participation in mediation. This author proposes the articulation of a good faith obligation in order to send the correct signal about the expected conduct within

• Publication year: 2019
• Citation: (2019) 31 SAcLJ 713
• Author: Dorcas Quek ANDERSON LLB (National University of Singapore), LLM (Harvard); Assistant Professor and Della Suantio Fellow, School of Law, Singapore Management University.