Is mediation confidential?

Yes, mediation is confidential in Georgia. According to Georgia law, all information disclosed during the mediation process is confidential and not subject to disclosure without the consent of the parties involved. This means that all communications, negotiations, documents, and records created or obtained during mediation remain confidential and cannot be used as evidence in subsequent proceedings. Mediation confidentiality applies to all participants in the process, including the mediator, the parties, and any witnesses. Even when the mediator is subpoenaed to testify in court, he or she is prohibited from divulging or disclosing any information learned during the mediation. Mediation confidentiality, however, does not preclude public disclosure of information in certain limited circumstances. Specifically, in cases where the parties reach an agreement during the mediation, that agreement may become a matter of public record if it is filed with the court. Overall, mediation is a confidential process that keeps information discussed in the course of the process from becoming a matter of public knowledge. This confidentiality helps protect parties involved in a dispute, and encourages honest dialogue that can result in a successful resolution of the dispute.

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