Florida Statutes Section 44.405

​

This section outlines the confidentiality of mediation communications and provides that:

• No Disclosure: Mediation communications are confidential and cannot be disclosed to non-participants.

• Exceptions: There are a few exceptions, such as threats of harm or disclosures required by law.

• Admissibility: Mediation communications are generally inadmissible in court proceedings, with some exceptions.

 

​

What is Mediation Confidentiality?

Mediation confidentiality refers to the principle that everything discussed during mediation remains private and cannot be disclosed or used as evidence in court if the mediation does not resolve the dispute. The primary goal of confidentiality is to create an environment where parties feel comfortable sharing information and negotiating openly without fear of it being used against them later.

​

Key Elements of Mediation Confidentiality:

• Private Discussions: All conversations and negotiations during mediation are private.

• Non-Disclosure Agreements (NDAs): Parties often sign NDAs to ensure that confidentiality is legally binding.

• Legal Protections: Many jurisdictions, including Florida, have laws that protect the confidentiality of mediation.

​

​

 

Why Mediation Confidentiality Matters

​

Confidentiality in mediation serves several critical functions:

• Promotes Honesty and Openness: Knowing that their words won’t be used against them, parties are more likely to be honest and open.

• Encourages Settlement: Parties are more inclined to reach a settlement if they can speak freely and explore various options without the risk of exposure.

• Protects Privacy: For sensitive matters, confidentiality ensures that private information remains protected.

• Maintains Relationships: Confidentiality helps preserve the relationship between the disputing parties, especially in cases involving family or business matters.