What’s unacceptable in Mediation, and why that’s good news

January 30, 2018

This blog post is about non-admissibility for divorce/separation mediation.

Another great thing about family mediation is everything said in and around the mediation session, including all the agreements made, is all non-admissible in court, unless the parties agree something is admissible in court. What’s great about this? If you’re a couple in Mediation, and you make a lot of agreements, or have a lot of discussions, and for whatever reason you or the other party says you would rather go to court than continue with mediation, then what we’ve said and agreed to in mediation can’t be used in court against the other person. So you wouldn’t be able to say in court, “in mediation, so-and-so agreed to this” because the judge would say that is not admissible. As a mediation client, you can be creative, open and collaborative, working together on ideas to solve problems and get resolution, and you don’t have to worry about it biting you in the butt in court one day (if you end up there).

The courts protect this fiercely, because they want mediation to be a safe place for you to go to resolve your issues.
In fact, they would rather not see you in court.


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