Česká právní úprava povinnosti mlčenlivosti v mediaci: záruka důvěry nebo právní past?

Mediation is a recognized form of alternative dispute resolution, characterized by voluntariness, impartiality of the mediator, and, in particular, the principle of confidentiality. In the Czech Republic, the mediator’s duty of confidentiality is regulated by Act No. 202/2012 Sb., on Mediation, adopted in accordance with Directive 2008/52/EC. The statutory framework, however, formulates this duty only in general terms, giving rise to considerable interpretative ambiguity. This article examines the scope and limits of the mediator’s confidentiality obligation, including distinctions between registered and unregistered mediators, as well as the interplay with professional secrecy where the mediator simultaneously practises as an attorney. It further addresses the absence of statutory confidentiality duties for the parties to mediation and other participants, which are relegated to contractual regulation of limited enforceability. Particular attention is dedicated to problematic stages of the mediation process, such as court-ordered initial meetings, caucus sessions, and subsequent judicial proceedings. The analysis demonstrates that Czech case law, notably a 2018 ruling of the Constitutional Court, has added further complexity to the interpretation of confidentiality. The article argues that the existing regulation provides only a partial guarantee of trust and may operate as a legal pitfall. De lege ferenda, it advocates for legislative clarification and the statutory extension of confidentiality obligations to mediation parties in order to enhance trust, legal certainty, and the effective functioning of mediation within the Czech legal order.