Confidentiality

Mediation is a private and confidential process.  That means that neither the mediator nor her notes can be subpoenaed if the case goes to court at some point after the mediation.  Nothing that is discussed in mediation can be used in court proceedings.  However, if you reach an agreement I’ll write a Memorandum of Understanding and you can take that to an attorney.  Your attorney can draft a legal document (stipulated agreement) outlining your agreement that can be submitted to the court.  If you do not have an attorney, you have the option of using the Online Court Assistance Program (OCAP) to write your own stipulated agreement (the program walks you through the steps of writing the legal documents).