If mediation is unsuccessful, the parties can turn to litigation, however, nothing said during the mediation can be used in the litigation because the mediation process is confidential.

Question

Quizplus · Accepted Answer

Mediation is a confidential process, and generally, statements made during mediation cannot be used later in litigation to ensure open communication and attempt to reach a settlement.

If Mediation Is Unsuccessful, the Parties Can Turn to Litigation