Chris LaHatte, the Ombudsman for the Internet Corporation for Assigned Names and Numbers, blogs about a recent mediation that was not confidential. He acknowledges that, while most mediations are confidential, the parties in this particular case wanted the mediation recorded so it would be available for review.
He also points out that the parties' interest was not inconsistent with ICANN's culture of openness and transparency. It is therefore his practice to ask "if the parties want the matter to be confidential or open." (ICANN Ombudsman Blog.)
Related posts: ICANN Ombuds Points Out--Executive Ombuds Have No Professional Group; ICANN Review Team Says Ombuds Should Move to Applicable IOA Standards; ICANN Interim Ombuds Reports to Board; ICANN Appoints Kiwi Attorney to be Its Next Ombuds.