In this article, the author argues that the confidentiality rule adopted by Ontario and privilege legislation adopted in Saskatchewan for their mandatory civil mediation programs may lead to unpredictability in their application. Ontario's Rule 24.1.14 "allows for significant judicial discretion in balancing the public interest against the future credibility of the mandatory mediation process." The Saskatchewan statutory privilege is on the face a "blanket privilege," but has the potential of exceptions being read in on a case-by-case basis. The author argues instead for a model statutory provision that addresses the problem of unpredictability.