Is what I say in mediation confidential?
We have a mediation scheduled for a business dispute. I am worried that if I admit anything there, it could be used against me later in court.
1 lawyer answer
Mediation is generally confidential, and statements made to reach a settlement are often protected from being used as evidence later. However, the extent of protection depends on local law and on the mediation agreement you sign.
Read the mediation agreement before the session, ask the mediator to explain the confidentiality terms, and discuss with your lawyer what you plan to share. Facts that exist independently, such as documents, are not usually made secret just because they were mentioned in mediation.
This is general information, not legal advice — speak to a licensed lawyer about your situation.
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