The Truth About Divorce Mediation Privacy Records
Video Transcript
Divorce mediation is generally private, but it isn’t automatically “confidential,” and records can sometimes be disclosed in court depending on state law and what was put in writing. Unlike courtroom filings, mediation discussions are typically shielded to encourage candid negotiation, yet exceptions (and documentation) can create a paper trail. This article explains how mediation confidentiality works, what records may exist, when they can be accessed, and how to protect your privacy.
Ray Hrdlicka – Host – Attorneys.Media
So, it sounds like if it’s uncontested, they hire you as a divorce mediator, they don’t have to appear in court at all.
Bill Leininger – Divorce Mediation Attorney – Staten Island, New York
Yes, generally that’s the case.
Ray Hrdlicka – Host – Attorneys.Media
Wow. So, are those, whatever that agreement is, is that public record?
Bill Leininger – Divorce Mediation Attorney – Staten Island, New York
Well, in the state of New York, unlike let’s say Florida where it is public record, the State of New York, it’s confidential. Only you, your divorce attorney, New York State taxing, and the IRS can get access to the file.
Ray Hrdlicka – Host – Attorneys.Media
All right, well, I mean, but it’s still, you know, obviously privileged parties, but the general public cannot get it. That sure makes a lot of sense.
Bill Leininger – Divorce Mediation Attorney – Staten Island, New York
And by the way, we handle that divorce on a flat rate basis. If people love to have a specific dollar amount. If you know there’s a police department pension and there’s a thrift savings plan and this and that, then we can tell them to the penny what it’s going to cost and usually we know pretty quickly how quickly it’s going to be done.
And people just say this is ridiculous where we have no control, it sits in a, you know, cardboard box someplace. In a computerized age, if you will.