Much of the work of an ombudsman is to mediate disputes. ICANN is somewhat different in that parties do not necessarily want confidentiality in the mediation. Recently in conducting such a mediation I specifically asked the parties if they wanted confidentiality, and was surprised when they not only waive confidentiality but also asked that the mediation be recorded so that it would be available to review. This is most unusual in my experience because one of the attractions of mediation is the confidentiality, so that parties can be free to say things which they might not otherwise, if the process were public. However ICANN has a culture of openness and transparency, and the people who participate obviously wish to maintain that openness. I would always ask however if the parties want the matter to be confidential or open.
What inspired this post were recent regulations from Ireland, the European Communities (Mediation) Regulations 2011. Not all countries choose to regulate mediation, and New Zealand as an example where although mediation is referred to in a number of statutes, there is no regulation as such of mediation or a statute governing mediation, as there is for example, in the case of arbitration. So the Irish have elected to regulate, and specifically to make the mediation confidential unless the parties otherwise agree.
The regulation is short and can be found at http://www.irishstatutebook.ie/2011/en/si/0209.html