Important Disclosures Regarding Your Mediation
- Confidentiality. The Florida Mediation Confidentiality and Privilege Act, Fla. Stat. §§ 44.401 – 44.406, applies to your mediation. Communications during mediation are confidential – with only very limited exceptions provided by law, including some communications that must be reported to appropriate law enforcement authorities (e.g., child abuse or threats of imminent harm to yourself or others). Without the parties’ consent or a legal exception, no one attending mediation (including you or the mediator) may disclose what is discussed at mediation. Disclosures made to the mediator in private sessions will be disclosed to the other parties only when authorized.
- Neutrality of Mediator. Your mediator is an impartial facilitator without the authority to impose a resolution or to adjudicate any aspect of your dispute. Your mediator does not represent any party to the dispute or have any interest in the outcome.
- Consent. Mediation is a consensual process. Any agreement reached by the parties must be reduced to writing and signed by the parties. If represented by attorneys, the attorneys must also sign.
- Conclusion of Mediation. Your mediation will end when a settlement agreement is signed by the parties or if the mediator declares an impasse. If a settlement is not reached, the parties may also, by mutual agreement, adjourn mediation to a later date to continue the mediation process. If your mediation is court-ordered, the mediator will also report to the Court whether the mediation was successful in resolving the dispute or not.
