Confidentiality All communications in mediation are confidential, and neither the mediator's work product nor the participants' statements made in mediation about the subject matter can be disclosed later or admitted into evidence if a trial is held. Private sessions between a single party and the mediator are even more confidential, because they aren’t even shared with the other party without permission. The only record of a mediation is the written agreement reached by the parties.
This statement does not imply an option to be disclosed if both parties agree.
$PCTL Wrong in Massachusetts the confidentiality of mediation is protected by statute (G.L. ch. 233, § 23C). In many cases, the parties sign an “agreement to mediate” in which they agree that they will not disclose what is said in the mediation, nor will they seek to compel such disclosure by the mediator or the other parties.