Can anyone reveal information in court that they learned in mediation? Can any party be made to reveal information by a judge?
Participants in mediation are usally asked to sign an “Agreement to Mediate” showing that they understand the process, including confidentiality. The agreement states that the mediator cannot be subpoenaed to testify. In addition there are certain laws that protect mediator confidentiality in Massachusetts and other states. Most judges will not allow parties to share information discovered in mediation. Ask about any special rules concerning this issue if you are involved in a court case.
