How We Approach Confidentiality of Your Case, Regarding Litigation.
Confidentiality of PC/DM Roles
In the role of PC/DM, our job is to resolve issues between the parents when we are unable to gain consensus.
It is a confidential process throughout. Not a mechanism during the appointment or after the appointment to discuss the details of the interpersonal dynamics, lack of cooperation, personality disorders that one party has diagnosed with the other, and what the PRE in the dissolution of marriage uncovered. The PC/DM role is to allow the parties the freedom to discuss then resolve the issues, hopefully. If not the decision-making process begins.
At the beginning of the appointment, we go over the agreement. Along with many items, confidentiality is discussed with the parties. In addition, the parties sign the agreement. Being contacted by the pro se (unrepresented) parties to break the confidentiality of the appointment of the PC/DM is understandable. However, I am shocked that some seasoned family law professionals are requesting me to interview about a closed PC/DM appointment. It is not a negotiable provision. It is in the statutes CRS §14-10-128.1. It expressly states it is confidential. See below.
(7)(c)(I) In a judicial proceeding, administrative proceeding, or another similar proceeding between the parties to the action, a parenting coordinator shall not be competent to testify and may not be required to produce records as to any statement, conduct, or decision that occurred during the parenting coordinator’s appointment to the same extent as a judge of a court of this state acting in a judicial capacity.
For the CRS §14-10-128.3, it is this statute.
(7)(c)(I) In a judicial proceeding, administrative proceeding, or another similar proceeding, a decision-maker shall not be competent to testify and may not be required to produce records as to any statement, conduct, or decision, that occurred during the decision-makers appointment, to the same extent as a judge of a court of this state acting in a judicial capacity.
The only way the confidentiality may be broken is reporting to law enforcement or child protective services.
With that said. We are here to promote collaboration and harmony. We might not be successful every time. Having the PC/DM interview with anyone about the case is not going to help the children.
We will not speak to anyone about the case even with the agreement of the parties. It adds a level of finality and confidentiality to the PC/DM process that really promotes our process away from litigation.
