Can things talked about in mediation be used in court?
No. Mediation is a confidential process, where all that is discussed stays in the room. Settlement discussions, comments, options, or anything else brought up in a mediation session cannot be repeated in another proceeding. The typical exceptions to this is where previously unreported information is disclosed about possible abuse of a child, elderly or disabled person. The mediator is required by mediation ethical codes of conduct and usually by his or her contract for mediation to report such disclosures. Also, post-divorce mediations are typically not protected by confidentiality.
