Are mediation sessions completely confidential?
Yes, unless the mediator learns of acts or threats of a dangerous or criminal nature that must be reported to the authorities, all discussions and offers of compromise and settlement made in mediation sessions are completely confidential. This means that if no final agreement is reached between you and your spouse or partner, the mediator is not permitted to disclose any of the communications made in connection with the mediation. Similarly, the mediator cannot be compelled to testify in court in a divorce action between you and your spouse. Most mediation sessions are conducted with both of you present at the same time. However, there are times when it is advisable for me to meet with each of you separately. The matters that we discuss in these individual sessions or caucuses are confidential and will not be repeated to your partner or spouse unless you consent to their disclosure.