Mediation and ADR
Nonparty participant
Someone other than a party or the mediator who takes part in a mediation, such as a lawyer, expert, family member or support person.[1]
In more detail
Under the Uniform Mediation Act, nonparty participants hold their own privilege over their mediation communications.[1] The Act also lets an attorney or another person a party designates accompany the party and participate, with some exceptions.[1] Florida uses the broader term mediation participant, which includes anyone who attends in person or remotely.[2]
Varies by state
Who may attend and what protection they get depends on state law and the mediator's ground rules. Find your state’s rules.
Related terms
- PartyA person or organization that takes part in a mediation and whose agreement is needed to resolve the dispute.
- Mediation privilegeA legal right to refuse to disclose, and to stop others from disclosing, mediation communications in a later court or other proceeding.
- 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.
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Sources
The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.
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MediationList. (2026, October 28). Nonparty participant: Definition. https://mediationlist.com/glossary/nonparty-participant/
APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.