Answer: Yes. What happens in mediation stays in mediation – by law, the discussions in mediation are confidential​. Ohio follows the Uniform Mediation Act, which protects the privacy of mediation talks. This means two important things for you:

  1. Nothing you say or offer in mediation can be used against you in court if the case doesn’t settle. All those conversations, offers, and even admissions (if any) are generally inadmissible later. This frees everyone to talk openly without fear of, “Will this come back to bite me?” For example, if you say during mediation, “I’d be willing to settle for ${X},” and no deal is reached, the other side can’t go to trial and tell the jury “they were willing to take ${X}.” The slate is wiped clean after mediation. This confidentiality encourages candid dialogue and honest negotiating.
  2. The mediator will not share details of the mediation with the judge or anyone outside the process. After mediation, the only report the court typically gets is whether an agreement was reached or not – not what was said or how people behaved​. The mediator can’t go tell the judge, “The plaintiff refused a reasonable offer” or anything like that. They also won’t tell the other side things you told them in private unless you gave permission to relay those points. Each private discussion you have with the mediator is also confidential from the other side unless you say, “Please tell them X.” The mediator might ask, “Can I share that point with the nursing home’s attorneys? It might help,” and you and your lawyer can decide. But if you say, “I’d rather you keep that between us,” the mediator must keep it confidential.

There are a few narrow exceptions to mediation confidentiality (for instance, if someone threatened violence or admitted to a crime, or in rare cases of abuse that the law requires reporting), but those are unlikely to come up. In a civil case like this, essentially everything related to the negotiation is private​.

What this means for you: you can speak freely in mediation. You can express anger, or say things like “I feel the nursing home betrayed my family,” or even make concessions, without worrying that you’re hurting your case if we end up in trial. The other side is afforded the same protection, so they might also speak more openly. If mediation ends without a settlement, it’s as if those conversations never happened in the eyes of the court. This confidentiality is important because it lets both parties be more honest and creative in looking for a resolution.

So yes, you have a safe space to discuss the case. Your privacy is one of the core principles of mediation, and it’s respected by all involved. Your attorney, the mediator, the nursing home’s side – everyone is bound to keep these talks confidential​. Feel free to ask your lawyer to explain this further if you have any concerns, but rest assured that what you share in mediation, stays in mediation.