Article]. MARQUETTE LAW REVIEW II. THE IMPORTANCE OF CONFIDENTIALITY IN MEDIATION Confidentiality for mediation communications is regarded as fundamental to effective mediation. This judgment is reflected in the strong scholarly support for mediation confidentiality' and in the statutes passed in every state to protect communications from disclosure Strong confidentiality protection is, in many instances, crucial to establishing working relationships within the mediation framework between the adversary parties and with the mediator. First, confidentiality fosters communication between the parties and the mediator. It can make an agreement possible even when one cannot be reached in ordinary negotiation. Improving communication is also the goal in other settings, such as consultations, where the legal system protects the privacy of relationships by granting a privilege from discovery and testimony between attorney and client, doctor and patient, and priest and penitent. 8 Forthright communication is even 6. Many scholars endorse privilege as the most effective method for protecting mediation confidentiality.