Is What You Say in Mediation Confidential in Florida?
Short answer: Generally, yes. Florida's Mediation Confidentiality and Privilege Act protects most communications made during mediation from being disclosed or used as evidence in court. There are limited exceptions, including threats of violence, reports of child abuse and communications used to plan a crime. A signed written agreement itself is not confidential.
Mediation only works if people can speak openly about what they might accept. Florida protects that openness by law, so a proposal made at the table generally cannot be used against you later in court.
What the law protects
Under Florida's Mediation Confidentiality and Privilege Act, mediation participants generally may not disclose mediation communications to anyone outside the mediation, and those communications are privileged from being used as evidence. That includes offers, concessions, statements of position and things said in private sessions with the mediator.
What it means in practice
- An offer you make at mediation generally cannot be shown to the judge if the case goes to trial
- The mediator generally cannot be called to testify about what was said
- The mediator's report to the court states only the outcome, not the discussions
- Information shared privately in caucus generally stays private unless you allow it to be shared
The exceptions
Not absolute: The Act lists specific exceptions. Common ones include statements that threaten violence, information about child or vulnerable-adult abuse that must be reported, communications used to plan or commit a crime, and communications offered to prove or disprove professional misconduct.
Generally confidential
- Settlement offers and counteroffers
- Your stated priorities and concerns
- Private conversations with the mediator
- Draft terms that were never signed
Generally not protected
- The signed mediated agreement
- Threats of violence
- Reportable child abuse
- Facts and documents that exist independently of mediation
Facts versus communications
Confidentiality covers what was said in mediation, not underlying facts. A bank statement you discuss at mediation is still discoverable through normal channels, because the record existed outside of mediation. Mediation is not a way to hide evidence; it is a way to negotiate freely.
Confidentiality lets both sides say "what if" without fear that the words will follow them into court.
The written agreement
Once both sides sign an agreement at mediation, that document is not confidential. It is filed with the court and becomes enforceable. Read what happens to a mediated agreement after you sign it.
When to talk to a lawyer
If you are concerned about what you can safely say, talk with your lawyer before the session. Heather Harris Law handles family mediation matters for Brevard County clients.
Frequently asked questions
Can my spouse use what I said in mediation against me in court?
Generally, no. Florida law makes most mediation communications confidential and privileged, with limited exceptions such as threats of violence or reportable abuse.
Is the mediated agreement confidential?
No. A signed mediated agreement is filed with the court and becomes part of the case.
Can documents shown at mediation be used later?
Documents that exist independently of mediation, like bank statements, can still be obtained and used through ordinary discovery.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.