In one case, this problem arose when a threat to shoot the other party in mediation was made in private caucus. In keeping with their duty to warn, the mediators broke confidentiality to advise the potential victim that he had been threatened. Their duty to present issues for negotiation was carried out when they brought the parties together for joint discussion of the threat. However, they had failed in their duty to obtain informed consent regarding the duty to warn. Prior to the threat there had been an impasse, after the threat, negotiations led to mutual agreement. The implication is that had informed consent been obtained, the threat may not have been spoken, the opportunity to negotiate important issues might have been lost, and the probability of subsequent violence may have increased. While it is possible that informed consent may chill open disclosure, clients have a right to understand that privacy may be lost in mediation. Three documents, a client's statement of rights, an initial contract form, and an informed consent form, provide a means for specifying how and why the mediator's duties should be fulfilled. 13 references.