Confidentiality
Is Mediation Confidential? Privacy Rules in North and South Carolina
What mediation confidentiality covers in North Carolina and South Carolina, the exceptions that apply, caucus privacy, and how the settlement agreement is treated differently.
The general rule
Mediation is confidential, and that confidentiality is what makes it work. People negotiate candidly only when they know a concession today cannot be used against them at trial. North Carolina protects mediation communications by statute in its court programs. For court custody mediation, communications made to the mediator or between the parties in the mediator’s presence are absolutely privileged and inadmissible. Similar protections apply in superior court mediated settlement conferences and family financial settlement proceedings. South Carolina’s ADR rules likewise protect mediation communications from disclosure.
What confidentiality actually means
- Inadmissibility. Offers, admissions, and discussions made during mediation generally cannot be introduced as evidence.
- The mediator will not testify. Mediators generally cannot be compelled to testify about the process or the communications.
- No report to the judge. The mediator reports only whether the case settled, not what anyone said or offered.
- Caucus confidentiality. What you tell the mediator privately is not shared with the other side unless you authorize it. Say so explicitly if you are unsure.
The exceptions to know
Confidentiality is broad but not absolute. Common exceptions include reports required by law, such as suspected child abuse or neglect; threats of imminent harm; proceedings to enforce or set aside a mediated settlement agreement; and professional discipline proceedings. In addition, a document is not shielded simply because it was shown at mediation: evidence that exists independently, such as a bank statement, remains discoverable through normal means.
The agreement itself is different
Do not confuse the confidentiality of the discussion with the confidentiality of the result. A signed settlement agreement is generally enforceable, and if it is entered as a consent order it becomes part of the public court file. If you want the terms to stay private, say so in the agreement and consider whether a private contract rather than a court order fits your goals. In business and employment cases, a confidentiality clause with defined exceptions is standard.
Practical advice
- Ask the mediator at the start how caucus information will be handled.
- Tell the mediator explicitly which information may be shared and which may not.
- Assume anything you would not want repeated should be labeled clearly as confidential when you say it.
- If the other side asks you to keep the fact of mediation itself private, address that in writing.
- Do not post about the mediation on social media, which can undermine both privacy and credibility.
Talk with a mediator about your situation
Mediation Solutions helps families, businesses, and litigants in Huntersville, Charlotte, Locust, Albemarle, Rock Hill, and Fort Mill resolve disputes privately. Call or text to ask about scheduling, fees, and whether mediation fits your case.
Offices: 9620 Sherrill Estates Road, Huntersville, NC 28078 · 217 W. Main Street, Locust, NC 28097 · Virtual sessions available.
Frequently asked questions
Can the judge find out what I offered?
No. The mediator reports whether the case settled, not the content of the negotiations, and mediation communications are generally inadmissible.
Is what I say in caucus shared with the other side?
Only with your permission. Tell the mediator clearly what may be shared.
Are there exceptions?
Yes, including mandatory reports such as suspected child abuse, threats of imminent harm, and proceedings to enforce the agreement.
Will our settlement be public?
A private agreement stays private. A consent order entered by the court becomes part of the public file.
This article provides general information about mediation in North Carolina and South Carolina. It is not legal advice, and reading it does not create an attorney–client relationship. As a mediator, Christopher Adkins serves as a neutral and does not represent or advise either party. Statutes and court rules change, so consult a licensed attorney about your specific situation.