Divorce mediation

Can mediation be used in court?

My divorced has been final for 5 mo. and now ex-husband doesn't agree with parenting plan. I've been ordered to attend mediation which I do not want to attend. There have been no changes to the parenting plan since the divorce. Can anything discussed in mediation be used against me in court?

Nathan’s Answer

Generally, when a mediation is ordered by the court, one must go. Only the mediator usually may dismiss a party from mediation, on the basis that there is no headway being made. Also, I am only licensed in California, so I only know California's position on this, but generally speaking, mediations are confidential, and are treated as settlement proceedings under the Evidence Code here. While there is the potential for some abuse of mediation by parties attempting to get "free discovery" it appears it would be unlikely here, since this isn't a business or other document heavy matter. Please consult with an attorney or attorney-mediator in your jurisdiction for more details regarding the confidentiality of mediation in that jurisdiction.

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