Mediation Newsroom

Mediators May Not Report To A Court

What can the mediator tell a court?
In general, mediators may not report to a court or another formal body. However, a mediator can always report whether or not the mediation occurred or has ended, who attended, and whether a settlement was reached. The mediator can also disclose evidence of child abuse to an agency responsible for protecting the child against abuse, and may have to report if required by the mediator’s other professional standards.

Does the mediator have to tell parties anything?
Yes! The mediator must disclose possible conflicts of interest that exist before the mediator accepts the mediation or that the mediator discovers after accepting the mediation. In addition, when asked, the mediator must disclose his or her qualifications to mediate.

Does a mediator have to be impartial?
Yes! A mediator must be impartial unless the parties agree otherwise. For example, if a mediator tells parties about a possible conflict of interest with one party, the parties may (knowing that the mediator may not be impartial) still agree to keep the mediator.

Who can be a mediator?
Under the UMA, a mediator does not need a special background or profession, including law. Courts and community mediation centers may require training, however.

Who can come to the mediation?
The parties have the right to bring an attorney or other support person to the mediation, even if they have previously agreed not to bring anyone. Some mediators may decide that they cannot mediate with the attorney or support person in the mediation, and may decide to withdraw as mediator.