Is what I say in a personal injury mediation confidential?
Direct Answer
Yes. Florida law provides strong confidentiality protections for mediation. Under the Florida Mediation Confidentiality and Privilege Act, statements made, offers exchanged, and documents prepared for the mediation are generally confidential and cannot be used against a party later in court if the case does not settle.
Yes. Florida law provides strong confidentiality protections for mediation. Under the Florida Mediation Confidentiality and Privilege Act, statements made, offers exchanged, and documents prepared for the mediation are generally confidential and cannot be used against a party later in court if the case does not settle. This protection exists so that both sides can speak candidly, explore compromise, and make settlement offers without fear that those communications will be treated as admissions at trial. There are limited exceptions, but as a general rule, what is said in the mediation stays in the mediation, which is part of what makes the process an effective place to resolve a dispute.
Expert reviewer
Herbert Berkowitz
Herbert M. Berkowitz is a Florida mediator, arbitrator, former Hillsborough County Court Judge, and veteran civil trial attorney with more than 50 years of …
Reviewed August 22, 2026
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