Is what I say in mediation confidential? Can my spouse use it against me in court later?
Direct Answer
Florida has exceptionally strong confidentiality laws protecting the mediation process. Under the Florida Mediation Confidentiality and Privilege Act (Fla. Stat. $44.401-406), almost every statement made, offer extended, and document prepared specifically for mediation is strictly confidential and privileged.
Florida has exceptionally strong confidentiality laws protecting the mediation process. Under the Florida Mediation Confidentiality and Privilege Act (Fla. Stat. § 44.401-406), almost every statement made, offer extended, and document prepared specifically for mediation is strictly confidential and privileged. This means if you offer to give up a specific asset just to settle the case, your spouse cannot bring that up at trial as proof that you did not want the asset. A judge is legally barred from hearing or considering anything that happened inside the mediation room. There are only a few narrow, extreme exceptions to this rule, such as statements revealing active child abuse, elder abuse, or the intent to commit a violent crime. Outside of those rare scenarios, what happens in mediation stays in mediation.
Related Questions in Florida
What happens if we agree on some things during mediation but can't agree on everything?
How do we handle child custody and parenting schedules in a Florida mediation?
How does mediation handle our property, debts, and assets under Florida law?
Can a mediator write up our official Marital Settlement Agreement?