Last modified: 3/6/2012 4:10 PM
Parties to a mediation agree to hold in confidence (e.g. not to talk about) all topics and aspects discussed during the mediation with anyone not involved in the mediation.
If the parties go to court, they may not subpoena the mediator(s) to testify before the judge as to what transpired during the mediation.
Good Faith Participation:
If the proposed terms of an agreement are dissatisfactory to the parties, then, at any point during the mediation, they have the right to terminate the process and exercise their right to go to court.