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Legal Information: North Carolina

Custody

Updated: 
December 22, 2023

Can things that I say during mediation be used against me in court if we go to trial?

Everything that is said by the parties in the mediation proceeding is confidential. This means that neither of the parties involved in the mediation nor the mediator will be allowed to testify to the judge about what was said in the proceeding. The exception to this rule, however, is if an admission of a crime, fraud or abuse of a child is made.

Note: The mediator may also interview the child or other people to help evaluate the needs of the child. The same confidentiality rules apply to those interviews.1

1 NCGS § 50-13.1(e), (f)