May a Mediator File a Bankruptcy Claim for Unpaid Fees?

Procedural posture and result

Advisory-opinion request addressing whether a mediator may file a bankruptcy proof of claim for unpaid mediation fees and include an invoice without violating mediation confidentiality requirements. The committee concluded that the mediator may pursue the claim, provided confidential mediation communications are not disclosed.

What happened and what the authority decided

A mediator completed a mediation and issued invoices for the mediator's services. The mediator later learned that one of the parties had filed for bankruptcy without paying the outstanding fees and asked whether a proof of claim could be filed with the invoice attached.

The Mediator Ethics Advisory Committee concluded that the mediator could file the proof of claim and attach the invoice, provided the filing did not reveal confidential mediation communications.

On the facts presented, basic billing information was not treated as a mediation communication. The opinion nevertheless emphasized that information revealing bargaining positions, settlement offers, caucus discussions, or other protected mediation content should not be disclosed merely because the mediator is seeking payment.

What this tells the mediator

A mediator's right to pursue lawful collection remedies does not eliminate the mediator's confidentiality obligations. Administrative and billing information may be used when permitted, but collection efforts should not disclose bargaining positions, settlement offers, caucus communications, or other protected mediation content.

Practical guidance

• Use neutral billing descriptions that identify services without revealing substance.
• Separate administrative records from notes containing mediation communications.
• Review every proposed exhibit before filing it in a public proceeding.
• Redact protected information that is unnecessary to establish the claim.
• Consult governing confidentiality law before responding to discovery or court requests.