Is mediation confidential?

While the general rule in mediation is that it is confidential, there are some judicially created and some legislator created exceptions to this confidentiality. All of the exceptions are meant for the protection of the mediation process and to prevent attorneys from taking advantage of the process.

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If a court sends me to mediation, does that make it different?

When a court sends you to mediation, usually you should make a good faith effort to try to work out your differences during the mediation process. While the mediation is still not going to be legally binding, and in most cases you can stop it at any time and go back to court, it is still in your best interests to try to cooperate as much as possible. After all, if the judge sent you to mediation and then you refuse to even try, that’s not going to earn you much favor with the person who ultimately does get to make decisions about your case.

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The judge or jury ruled in my favor. What happens next?

A ruling in your favor by judge or jury in a civil case does not necessarily end the lawsuit. Once a ruling is handed down, the losing party has a right to appeal. To do so, the loser must file a written notice of appeal generally within 30 days of the ruling. If he does so, the case goes to an appellate court for review.

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