Can something I say in mediation be used against me in court?
General Mediation
Answer
Usually, protected mediation communications cannot be used later to prove or disprove the merits of the dispute. This encourages candid discussion. But independently discoverable facts, documents, photographs, business records, and other evidence do not generally become protected merely because they were discussed or shown during mediation.
Reviewed by Wayne Lazarus on September 14, 2026.
This information is educational and is not legal advice.
Reviewed by Wayne H. Lazarus, attorney with more than 50 years’ experience, member of the State Bar of Georgia and The Florida Bar, and of Alternative Dispute Resolution sections.