Is there a public record made of what occurs in a mediation?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Jul 16, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

There is generally no record made of a mediation, and nothing from a mediation proceeding becomes public knowledge, like court cases and transcripts sometimes can. When you submit a dispute to mediation, the matter is handled privately between you, the other parties involved in the dispute, and the mediator. This is one of the advantages of mediation.

The mediation process is a voluntary type of alternative dispute resolution. While some courts may mandate that a dispute be submitted to arbitration before they will hear the case, a mediator is not ever going to be able to compel the parties to do anything and either party can always walk away from the mediation at any time.

The purpose of mediation, and the mediator’s role, is not to make a ruling, or even to influence the decision that is ultimately made. Instead, the point is for the mediator to help the people who are having a dispute resolve the issue amicably amongst themselves. This can be less expensive than litigating a full case in front of a judge, if it works. The mediators are normally trained negotiators that help to facilitate communication and assist the parties in getting at the crux of the dispute. Each party can express what is most important to him or her, and the mediator will help the other party to really listen. Ideally, with this structured and open communication, an agreement can be reached.

Mediation may be used in divorce cases by parties who don’t want a public record of their private marital and financial matters. It can also be a more amicable way to divide up assets and custody of the kids, allowing for more autonomy of the parties. Divorce is, of course, not the only situation in which mediation is used in, but it tends to be one where it is especially favored.

If you are participating in mediation, you will still want a lawyer on your side to help protect your legal rights and make sure that any agreement you arrive at is fair and just.  

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption