Can anyone use information discussed at the mediation in court?
Mediation is a confidential process and all parties that participate will be required to sign a confidentiality agreement. Any communication made during the mediation process cannot be disclosed by anyone except with the consent of ALL of the parties in attendance. There are several exceptions: If the information could be obtained from another source (NOT just obtained during the mediation), it can be used in court. Communication about incidents of previously unreported child abuse, abuse of elderly or incapacitated persons or threats of physical harm do not remain confidential. Any agreement that is made and signed as a result of the mediation session will be submitted to the court.
