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Mediation and ADR

Mediation communication

Any 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.[1][2]

In more detail

The Uniform Mediation Act covers oral, written and nonverbal statements, including those made to consider or arrange a mediation.[1] Florida's definition covers statements by or to any mediation participant during the mediation or beforehand if made to further it, and says committing a crime during mediation isn't a mediation communication.[2] These communications are what confidentiality and privilege laws protect.

Varies by state

The exact definition depends on the state's mediation statute. Find your state’s rules.

Related terms

  • Mediation privilegeA legal right to refuse to disclose, and to stop others from disclosing, mediation communications in a later court or other proceeding.
  • ConfidentialityThe rule that what is said in mediation generally stays private.
  • Nonparty participantSomeone other than a party or the mediator who takes part in a mediation, such as a lawyer, expert, family member or support person.

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. RCW ch. 7.07, Uniform Mediation Act (as enacted in Washington)app.leg.wa.govchecked ↩
  2. Fla. Stat. § 44.403 (Mediation Confidentiality and Privilege Act; definitions)leg.state.fl.uschecked ↩

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). Mediation communication: Definition. https://mediationlist.com/glossary/mediation-communication/

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