Arbitration & Mediation

Please leave a message after the tone?.or should you?

By Christopher Annunziata

In the middle of leaving a message for a pro se defendant in one of my court-referred cases (moments ago, I might add), I was faced with a dilemma.   As the voice on the other end of the line simply stated, “Please leave a message after the tone,” it dawned on me that leaving a detailed message might in some way violate the confidentiality of the mediation process.  There was no name announcement.  There was no indication whether this was a home phone or cell phone or work phone.

Far too many of the cases I’ve been assigned recently are collections matters.  These pro se parties are already on the defensive from frequent phone calls from collections people.  Even though the court sends out an official notice scheduling the mediation, they are likely unfamiliar with mediation and may equate me with yet another attempt to obtain information or a concession from them.    If I leave too vague a message, they may never call back to confirm the session and discuss the case with me.  But there are ramifications for leaving too detailed a message.

What if a spouse/child/live-in lover is sheepishly withholding the fact that they have been sued from their spouse/parent/live-in lover?  What if this is a work phone and messages are retrieved by multiple people?  I could not be certain.

I’m not sure there is one clear answer on this.  In the end, I made the split second judgment that the lawsuit itself is a matter of public record and is not confidential.  I announced myself as a mediator and asked that they return my call.  I avoided mentioning the words “court” “lawsuit” or “defendant” and hoped that my unique name might trigger a memory of receiving the Notice of Mediation.

Full post as published by CKA Mediation and Arbitration Services Blog on September 24, 2008 (boomark / email).