Confidentiality of the process and the acceptance of responsibility by the wrongdoer may be a concern, primarily for defense lawyers and the insurance companies. Most states have laws ensuring that settlement conferences are confidential.  If confidentiality is an issue, it is suggested that the early intervention process be held as a normal settlement conference.  It is clear that utilizing a restorative mediation component as part of the traditional settlement conference would also be confidential.

It may be appropriate for both plaintiffs and defense attorneys to rethink the desire to keep apologies and acknowledgments out of court. Research has shown that most people very much need and appreciate an apology. Hiding it may not be necessary or appropriate.