Mediation is 100% confidential and one of the most attractive qualities to this process.
Litigation, on the other hand, is a an open forum and part of public record.
All information will be held in confidence and any notes made during the process will be destroyed at completion of the session. Any discovery, contracts, interrogatories, etc. submitted in pre-mediation will be returned to their rightful owners as well.
Nothing said is admissible in court and the mediator cannot be called as a witness. If a settlement is reached, an MSA (Mediation Settlement Agreement) will be drafted by the Mediator (or by an attorney present at mediation) for approval by all parties.