WHAT MAY A MEDIATOR SAY IN THE REPORT TO THE COURT?

Advisory-opinion request concerning limiting mediator reports to authorized outcome language without explanations or recommendations. RESULT: The opinion permitted reports of agreement, no agreement, or partial agreement without comment or recommendation. Additional descriptors or information require written consent or specific procedural authority.

The committee reviewed inconsistent prior guidance concerning how mediators should report full, partial, or unsuccessful outcomes to the referring court.

The opinion permitted reports of agreement, no agreement, or partial agreement without comment or recommendation. Additional descriptors or information require written consent or specific procedural authority.

A short report can still breach confidentiality if it explains positions, conduct, blame, or reasons for nonsettlement. Administrative reporting should remain administrative.

• Use the court’s approved report form and exact authorized terminology.
• Do not add adjectives, blame, recommendations, or negotiation history.
• Obtain written party consent for any permitted additional information.
• Confirm whether case-specific rules authorize disclosure of pending issues.
• Review reports before filing for accidental confidential content.