Is it true that the mediation record, including settlement offers, can be used in later judicial proceedings?

The statement regarding the mediation record, including settlement offers, being used in later judicial proceedings is indeed false. In general, the confidentiality of mediation is one of its core principles. This means that anything discussed or presented during the mediation sessions, including settlement offers, is typically not admissible in court if the mediation does not result in a settlement. The intent behind this confidentiality is to encourage open and honest communication between parties, allowing them to explore potential resolutions without the fear that their words will be used against them later in a legal setting.

Many jurisdictions have specific laws that protect this confidentiality and distinguish it from other forms of dispute resolution, such as arbitration or litigation, where information might be more openly shared and used in further proceedings. Therefore, unless there is a specific agreement between the parties to waive this confidentiality or if a court ruling specifically allows for the use of such information, the mediation record remains protected from later judicial use.