can i get a transcript of the mediation?

no. mediation is a confidential process. what is stated during it should not be recorded, but for terms of settlement.

the mediation agreement parties enter into typically has a clause that speaks to confidentiality. while these clauses vary, the gist is usually in the spirit of not having meeting minutes, recordings or screen captures taken at a mediation... even if parties with power or interest in the situation are not able to attend.

the idea is to have a free flowing discussion to consider ways the conflict could be addressed. often, this goes beyond legal considerations + into getting a better understanding of others. it can including brainstorming + sharing ideas that come to mind without doing some coming back to work against you.

it tends to be more comfortable for people to have an open discussions privately.

this can raise some important considerations around who should attend the mediation + can complicate matters involving corporate entitites.

i encourage asking questions well before taking part in mediation, to ensure that you are making the most of your mediation opportunity.



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