Can a Divorce Mediator be Compelled to Produce Case Notes & Files? What happens when a judge requests a mediator's files? Is what happens in family mediation really confidential and private? By Marian Grande Updated: January 25, 2022 Categories: Divorce Process , Legal Issues There are many benefits to family mediation : avoiding the costly and lengthy process involved in litigation and confidentiality are two of the biggest. Contrary to litigation, mediation is not of public record. Clients feel safe in mediation knowing the details are kept private – especially with sensitive family law matters. What Happens When a Judge Requests a Divorce Mediator’s Files? Mediation and Confidentiality The only exceptions are where a child needs protection, a person’s safety is at risk, or otherwise per the law. The confidentiality of mediation is directly correlated to its effectiveness. When the parties feel emotionally, legally, and physically safe, they o...