Mediation and ADR
Mediation privilege
A legal right to refuse to disclose, and to stop others from disclosing, mediation communications in a later court or other proceeding.[1][2]
In more detail
Under the Uniform Mediation Act, parties, mediators and nonparty participants each hold privileges, with listed exceptions such as signed agreements and threats of violence.[1] Florida gives each mediation party a privilege to refuse to testify, and to prevent others from testifying, about mediation communications.[2] A privilege can be waived, or lost by a party who discloses mediation communications to its advantage.[1][2]
Varies by state
Who holds the privilege and its exceptions differ by state. 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.
- ConfidentialityThe rule that what is said in mediation generally stays private.
- Waiver of privilegeGiving up the legal protection that keeps mediation communications out of later proceedings.
- 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.
- AdmissibleDescribes evidence a judge or jury may consider in a case.
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.
General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.
Cite this page
MediationList. (2026, October 28). Mediation privilege: Definition. https://mediationlist.com/glossary/mediation-privilege/
APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.