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Mediation and ADR

Confidentiality

The rule that what is said in mediation generally stays private. Florida law, for example, makes mediation communications confidential with a short list of exceptions.[1]

In more detail

Confidentiality limits what participants may tell people outside the mediation; privilege limits what can be used as evidence later.[1][2] Exceptions are common: a signed agreement, threats of violence, plans to commit a crime and mandatory abuse reports are typical ones.[1][2] Virginia requires mediators to put the statutory confidentiality language in the agreement to mediate.[3] Facts that could be discovered anyway don't become secret just because they were mentioned in mediation.[1]

Varies by state

Scope and exceptions differ from state to state, and some states follow the Uniform Mediation Act. Find your state’s rules.

Related terms

  • Mediation communicationAny statement, spoken or written, or conduct meant as a statement, made during a mediation or to arrange, continue or reconvene one or hire a mediator.
  • Mediation privilegeA legal right to refuse to disclose, and to stop others from disclosing, mediation communications in a later court or other proceeding.
  • Uniform Mediation Act (UMA)A model law that states can adopt, which makes mediation communications privileged, limits what mediators may report to courts and requires mediators to disclose conflicts.
  • Waiver of privilegeGiving up the legal protection that keeps mediation communications out of later proceedings.
  • CaucusA private meeting between the mediator and one side, held apart from the other side, to talk through options and concerns more openly.

Read next on MediationList

Sources

The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.

  1. Fla. Stat. § 44.405 (Confidentiality; privilege; exceptions), 2026flsenate.govchecked ↩
  2. RCW ch. 7.07, Uniform Mediation Act (as enacted in Washington)app.leg.wa.govchecked ↩
  3. Standards of Ethics and Professional Responsibility for Certified Mediators (eff. July 1, 2011)vacourts.govchecked ↩

General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.

Cite this page

Page updated

MediationList. (2026, October 28). Confidentiality: Definition. https://mediationlist.com/glossary/confidentiality/

APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.