Mediation starts with a MIAM. Book your initial meeting online through our trusted digital service.
Book a MIAM →Is Family Mediation Confidential?
Yes. Family mediation is a private and confidential process. What is discussed in sessions cannot ordinarily be used in court. But there are important limits — and understanding them matters.
Key points
- Family mediation is conducted on a 'without prejudice' basis — what is said cannot ordinarily be used as evidence in court.
- Sessions are private: no third parties are present and no transcript is made.
- The mediator does not report to the court on what was discussed — only that mediation occurred and whether it concluded in agreement.
- There are limits: if a child is at risk of harm, the mediator has a statutory duty to report this.
- Confirmed admissions of serious criminal conduct may also fall outside confidentiality protection.
- Documents voluntarily disclosed in mediation can sometimes be used in court proceedings — take legal advice if uncertain.
For a full overview of how family mediation works, see our complete guide
What 'Without Prejudice' Means in Practice
Family mediation is conducted on a 'without prejudice' basis. This is a legal principle that means the content of settlement negotiations — including what is said in mediation sessions — cannot be introduced as evidence in court proceedings.
In practice, this means you can speak openly in mediation without worrying that an offer you make, or a position you take, will be used against you if the process breaks down and the dispute goes to court. The mediator will not give evidence about what was said, and neither party can submit the other's statements from sessions to the court.
This protection is fundamental to the integrity of the mediation process. Without it, people would be reluctant to explore options or make concessions — which is exactly what mediation needs in order to work.
Plain English
What is said in mediation, stays in mediation — except in the specific situations listed below.
The Limits of Confidentiality
The without-prejudice principle is not absolute. There are specific situations where confidentiality does not apply:
Child safeguarding
If information emerges during mediation that a child is at risk of harm, the mediator has a statutory duty to report this to the appropriate authority — regardless of confidentiality. This is non-negotiable and applies in all cases.
Serious criminal conduct
Information about confirmed serious criminal activity may fall outside the protection of without prejudice. This is a complex area — if you have concerns, speak to a solicitor before mediation begins.
Documents disclosed voluntarily
There is a distinction between what is said in sessions (protected) and documents that are voluntarily produced in the mediation process. Documents disclosed may be usable in subsequent proceedings in some circumstances. Take legal advice if this is a concern in your case.
What Does the Mediator Tell the Court?
If the case proceeds to court — either because mediation broke down or by agreement — the mediator does not report to the court on what was discussed in sessions.
The mediator's formal communication with the court is limited to: confirming that a MIAM took place (via the FM1 certificate), confirming whether mediation proceeded and whether it concluded in agreement or not, and — if requested — confirming that mediation was assessed as unsuitable where a MIAM exemption is involved.
The substantive content of sessions — what positions were taken, what offers were made, what was discussed — remains confidential.
Note
Courts do not receive a report on the substance of mediation. The FM1 certificate confirms the MIAM happened. The memorandum of understanding records any agreement reached. Nothing else from the sessions reaches the court.
Related Questions
Can what you say in mediation be used against you in court?
Generally no. Family mediation is conducted on a without prejudice basis, meaning what is said cannot ordinarily be used as evidence in court proceedings. However, there are exceptions: if a child is at risk of harm, mediators have a duty to report this. Confirmed criminal acts may also fall outside the confidentiality protection.
Does the mediator keep records of what is said in sessions?
Mediators keep administrative records but do not produce a verbatim transcript of sessions. What is recorded — and how — varies by provider. The mediator may produce a summary of positions to help track progress, but this is shared between parties rather than filed with any court.
You may also want to learn about:
When you're ready
Ready to start? Your MIAM is a private, confidential meeting — the first step in understanding whether mediation is right for your situation.
Book a MIAM onlineDelivered by qualified family mediators in line with UK mediation standards.
Many people begin mediation by learning, not deciding.
Understanding your options can be a helpful first step.
What to do next
When Is Mediation Not Suitable?
Cases where confidentiality limits matter most — and when mediation is ruled out.
Read moreWhat Happens at a Session?
A full guide to the structure and process of a joint mediation session.
Read moreIs Mediation Right for Me?
Weigh up whether mediation is realistic for your specific situation.
Read more