Mediation is a confidential process in which the discussions between parties are considered private and protected from disclosure. The confidentiality rule encourages open and honest communication during mediation sessions. There are a few exceptions, however. Mediators must disclose information revealed in mediation if it relates to threats of bodily harm, abuse or neglect of a child or vulnerable adult, or an actual or planned felony. These disclosures may be made only to the potential victim, appropriate authorities, or both. If mediation is court-mandated, the parties may have to report back to the court whether a settlement was reached, but the mediator cannot reveal any details. The mediated settlement itself is not confidential and can become legally-enforceable through a court order. Additionally, facts and information that were known to a party prior to mediation are not considered confidential just because they surface during the mediation process. Apart from these exceptions, everything related to the mediation, including oral statements and any written submissions, cannot be used as evidence nor compelled out of the mediator in subsequent legal proceedings. The parties may not be questioned about mediation communications or records either. Mediation confidentiality encourages candid problem-solving.
