Is mediation confidential?

The mediator cannot be subpoenaed nor compelled by court order to appear and testify at any trial or hearing. While evidence is not put on at mediation, it may be helpful for a party to disclose to the other side certain information that it deems advantageous for them to know. This is particularly true if that information is embarrassing to that party. Nothing that is said at mediation can be admitted in trial without the consent of the parties. If the mediator is asked not to disclose certain formation to the other party, he will not do so.

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