Mediation & Confidentiality
In Florida, two or more parties or entities involved in a dispute may seek mediation to help settle the issues amicably and quickly. This often involves working with a neutral third party (a mediation lawyer or mediator) to help negotiate a possible settlement and achieve a feasible resolution. Generally, all communications and discussions during mediation will remain confidential. However, there are certain exceptions to confidentiality that allow the disclosure of mediation communication.
The attorney at The Neutrals® has the knowledge to advise and direct clients in mediation-related matters. A practiced Florida mediation attorney can inform you about the state’s rule of confidentiality in mediation, some of the exceptions, and how to waive your mediation privilege of confidentiality. The firm is proud to serve clients throughout South Florida and nearby communities.
Understanding Mediation
Mediation is an alternative dispute resolution method which permits individuals or entities involved in a conflict or disagreement to meet with a neutral third party (a mediation attorney or mediator) to resolve their issues and potentially reach a voluntary settlement.
In mediation, the disputing parties will collect information, identify and resolve pending issues, negotiate the terms and provisions of the settlement agreement, and hopefully reach a feasible resolution.
In Florida, mediation provides a cost-efficient, fast, and peaceful way to resolve various issues and disputes, such as divorce, parenting plan, landlords and tenants, business, property, and labor unions. Also, Florida state law provides that all mediation communications must remain confidential.
Florida’s Rule of Confidentiality in Mediation
According to Florida law – Florida Statutes Section 44.405 – “all mediation communications shall be confidential. A mediation participant shall not disclose a mediation communication to a person other than another mediation participant or a participant’s counsel.”
This means that all matters and communications discussed during the mediation process must be kept confidential by all parties involved. In fact, anyone who violates the statute and discloses mediation communication may be subject to sanctions by the court, remedy, or other legal consequences.
Exceptions to Confidentiality in Mediation
However, just like several other policies and principles, there are certain exceptions to confidentiality in mediation. Here are some statutory exceptions:
When all parties involved in the mediation proceedings have waived the confidentiality or privilege against disclosure.
When the mediation communication has already been made public.
When the law requires that the mediation communication or agreement should be made public.
When disclosing the mediation communication is required for criminal prosecution.
When mediation communication is used to plan a crime, threaten violence, conceal ongoing criminal activity, or commit or attempt to commit a crime.
When disclosing the mediation communication is required to report, disprove, or prove that professional malpractice happened during the mediated settlement.
When disclosing the mediation communication is necessary to provide a comprehensive report.
When disclosing the mediation communication is needed to show the terms of a settlement agreement or prove that an agreement exists.
When disclosing the mediation communication is required to discipline or impose sanctions on a person or counsel in connection with a mediation process.
A knowledgeable lawyer can further enlighten you about confidentiality in mediation as well as when and how to waive your mediation privilege of confidentiality.
Waiving the Mediation Privilege of Confidentiality
Mediation communications are generally protected from disclosure under state laws. However, individuals are allowed to waive their confidentiality or privilege against disclosure.
According to Florida law, a person may waive their confidentiality or privilege against disclosure of mediation communication in a record or orally during a proceeding, provided that it is expressly waived by all participants.
In addition, all parties involved in the mediation process must agree to the waiver of confidentiality before a mediator, party, or nonparty participant is allowed to testify or provide a testimony about the mediation communication.
Before waiving your mediation privilege of confidentiality, it is vital to consider your options and understand the ramifications of doing so. A reliable attorney can assess the situation and help determine if waiving your mediation privilege of confidentiality is a good idea.
Legal Guidance You Can Trust
There are certain exceptions that allow mediation communications to be disclosed. Hence, if you’re considering dispute resolution through mediation and want to know your rights to confidentiality or disclosure, consulting with a reliable mediation attorney is imperative.
The attorney at The Neutrals® is ready to advise and guide clients in the legal matters of arbitration and mediation. Using their broad knowledge, they can walk you through the mediation proceedings and help ensure the confidentiality of mediation communication. In addition, they can assess your unique needs and help you decide whether to waive confidentiality in mediation.
Contact The Neutrals today to schedule an initial consultation with a reliable mediation lawyer. The dedicated attorney at the firm can offer you the trusted advocacy and experienced guidance you need to navigate crucial decisions during mediation. The firm is proud to serve clients throughout South Florida and nearby communities.