Mediation is Confidential
One of the most important features of mediation is confidentiality. That means not only does the information you share with us (your mediators) get saved and stored securely with industry-leading technology from Google, but also that we will not share anything that is discussed during mediation with anyone. But most importantly, it means that whatever you discuss during mediation is not admissible in court.
Why? To give you time to get independent advice about the agreements you make before they become binding.
If you come to an agreement during mediation but don’t act on it, don’t sign it, or don’t incorporate it into a court order, then you can’t be held to it, and you can’t hold your spouse to it, either. Nothing you agree to in mediation becomes enforceable until it is memorialized in a contract and executed (signed) by the parties.
That also means that mediation is a low-risk process; if you don’t feel like what you’ve worked out is the right plan or deal, you will not be held to it unless you sign a formal, binding agreement. Until then, you can get advice or change your mind. Once you’re ready to finalize your agreements, you or your mediator will put them in a form that will become binding and file it for you with the court.
So don’t worry - there’s nothing to lose by trying mediation. If it works, you’ll save thousands on attorney fees. If it doesn’t, you can still go to court to complete your case as if mediation never happened.