Frequently Asked Questions: Divorce Mediation
Is family mediation confidential?
Yes. Your family mediator will keep all the information discussed in the family mediation sessions confidential. In litigation, everything becomes part of the public record; even personal matters that the parties would wish to keep private. This is one of the big differences between mediation and litigation. Mediation is considered settlement negotiations.
Most mediations end successfully, without litigation. However, in the rare event that the mediation ends and litigation takes place, a party cannot force a mediator to reveal his or her file or testify in the divorce case, if the mediator meets certain qualifications established by the Massachusetts statute.