Confidentiality
Confidentiality is very important in mediation.
All parties must feel free to speak their mind to the mediator and, eventually, to each other. If trust is to be built up, all relevant information must be freely disclosed. This might include confidential information that no-one will divulge if they think that it might be passed on to others.
Parties should be free to change their position during the mediation. This can be difficult to do if there is a possibility that it might be cast up later in another forum, such as an appeal hearing.
So everyone, including the mediator, is expected to respect the privacy of the negotiations.
Freedom of Information
There is a complication. Anyone has a right to see any kind of recorded information from a Scottish public authority. So, if a public authority takes notes during the course of a mediation, those notes cannot be kept confidential unless they fall into one of the 'exempt' categories.
No other party is bound by this legislation. The mediator and all other parties can be assured that any notes they happen to make can remain wholly confidential.
You can get more information from the office of the Scottish Information Commissioner.