Legal Question in Family Law in California
Can a mediator discuss with one parent what was said to the other while they were in separate meetings?
1 Answer from Attorneys
That would depend on whether you were with a private mediator or a Family Court Services "mediator," and whether the parent who said it consented to the statement being shared, either expressly or impliedly. It is impossible to mediate any disagreement without telling one party a great deal of what the other party has said, so clearly it is OK. The question really is whether what was said was confidential, whether the mediator understood it was confidential, and whether the mediator was obliged to honor the confidentiality. Only if all three of those things were true would it be improper for the mediator to disclose what was said to the other parent. If it was a Family Court Services "mediator" nothing was confidential, and they should have told you that up front. Family Court Services "mediators" are really social workers, not true mediators, and they are exempt from the laws governing true mediation. They should have made that clear to you if that is the context you are talking about.