After a mediation procedure, may the opinions and statements made there be quoted or relied on in the later court proceedings?
General information · Not legal advice
Material to check
For this exercise we read the record of the mediation procedure to see which opinions and statements were made there, the papers in the later court file that quote them, and the document that shows what kind of proceeding that later case is.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading states the rule as written: an opinion or statement made in a mediation procedure may not be relied on in litigation, and the provision names a single carve-out — litigation over a quasi-retrial concerning that mediation — so quoting mediation material in a brief falls outside what the provision permits unless that carve-out applies.
Another reading notes that the bar is drawn around what was said in the procedure, so it leaves open what may still be put before the court from the mediation file, such as proof that the mediation took place, and it names no rule for proceedings before bodies other than a court.
Your judgment
If the later case is said to be a quasi-retrial concerning the mediation, what in the file shows that it concerns the very mediation whose statements are quoted?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add to or narrow its exception, or if a court decision explains what counts as relying on a mediation statement or as a quasi-retrial concerning that mediation.