Mediation confidentiality in Florida is governed by the Mediation Confidentiality and Privilege Act, codified in Florida Statutes §§ 44.401–44.406. This statutory framework encourages candor and openness among parties during mediation by assuring them that their communications will generally not be disclosed to outsiders or used against them later in court.

Under the MCPA, “mediation communication” means an oral or written statement or nonverbal conduct intended to make an assertion by or to a mediation participant made during the course of a mediation, or prior to mediation if made in furtherance of mediation.

These communications are deemed confidential and are typically inadmissible in any subsequent legal proceeding.

Moreover, the act provides that a mediation party has a privilege

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