Can the mediators be subpoened to testify in court?
The law speaks very clearly that all communications, materials and the notes of mediators are not admissible in court. Your attorney should make a strenuous objection and tell the judge about our confidentiallity laws. At Northern Virginia Mediation Service we take our responsibilities under the confidentiality statutes very seriously. In the past, our attorney has successfully appeared in court to object to any subpoena and to the presentation of any testimony. Most attorneys are familiar with the Dispute Resolution Proceedings and Mediation statutes and don’t attempt to subpoena mediators. Occasionally, an attorney has subpoenaed one of our mediators but has later withdrawn the subpoena when shown the statute.
