Are Mediation Discussions Kept Confidential?

Going through a divorce may not be your proudest moment. You may not want it to be made widely accessible information, for the sake of your, your spouse’s, and your children’s privacy during this difficult time. Well, you and your spouse may work together one last time to make this process as private as possible. This is by pursuing an uncontested divorce via mediation. With that being said, please follow along to find out whether everything discussed in mediation is supposed to be kept confidential and how one of the proficient Clarksville divorce lawyers at Fendley and Etson can help maintain your privacy rights.

Is everything covered in mediation discussions supposed to be kept confidential?

Namely, mediation is a popular alternative dispute, uncontested divorce option in the state of Tennessee. This option may be possible if you and your spouse agree on all aspects of your divorce, such as child custody, child support, spousal support, and property division terms. So, because the court does not have to step in to finalize these terms, they may be confidential. This is along with every discussion you could have possibly had with your spouse during these mediation sessions being kept private.

Specifically, your mediator may only inform the Tennessee family court that your and your spouse’s mediation sessions took place and that an agreement was reached. Any other evidence regarding what went on in the mediation sessions is unnecessary, and in fact, inadmissible. The only exception to this is if the mediator believes you or your spouse confessed to committing a criminal act during these sessions. Or, if they think you or your spouse only attended these sessions because of coercion or fraud by the other.

What happens if a discussion topic from mediation is made public information?

You may understandably grow frustrated when you learn that your mediator has negligently made your mediation discussions public information. They may do this by willingly testifying in court about your divorce case. Or, by failing to place your mediation records in safekeeping in a confidential file. Lastly, by failing to destroy the notes they took during your mediation sessions and ultimately having them fall into the wrong hands.

Importantly, the only way it would be okay for your mediation to go public is if you, your spouse, and your mediator waive your confidentiality rights in a written agreement. Otherwise, you may file a breach of contract claim against the negligent mediator. This way, you may at least recover financial compensation for the economic and non-economic losses you incurred as a result.

If you find yourself at a crossroads, please seek the sound advisement of one of the talented Clarksville family lawyers. Someone at Fendley and Etson will stand by your side at a moment’s notice.