Rule 2.412.Mediation Communications; Confidentiality and Disclosure

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.412 makes what's said in Michigan court-ordered mediation confidential and off-limits for discovery or evidence, then carves out a specific, limited list of situations -- like a threat of violence, a fee dispute, or enforcing a settlement agreement -- where a mediation communication can still be disclosed.

Full Text of Rule 2.412

Text sizeJump to: (A) (B) (C) (D) (E)

(A) Scope. This rule applies to cases that the court refers to mediation as defined and conducted under MCR 2.411 and MCR 3.216.

(B) Definitions.

(1) “Mediator” means an individual who conducts a mediation.

(2) “Mediation communications” include statements whether oral or in a record, verbal or nonverbal, that occur during the mediation process or are made for purposes of retaining a mediator or for considering, initiating, preparing for, conducting, participating in, continuing, adjourning, concluding, or reconvening a mediation.

(3) “Mediation party” means a person who or entity that participates in a mediation and whose agreement is necessary to resolve the dispute.

(4) “Mediation participant” means a mediation party, a nonparty, an attorney for a party, or a mediator who participates in or is present at a mediation.

(5) “Protected individual” is used as defined in the Estates and Protected Individuals Code, MCL 700.1106(y).

(6) “Vulnerable” is used as defined in the Social Welfare Act, MCL 400.11(f).

(C) Confidentiality. Mediation communications are confidential. They are not subject to discovery, are not admissible in a proceeding, and may not be disclosed to anyone other than mediation participants except as provided in subrule (D).

(D) Exceptions to Confidentiality. Mediation communications may be disclosed under the following circumstances:

(1) All mediation parties agree in writing to disclosure.

(2) A statute or court rule requires disclosure.

(3) The mediation communication is in the mediator’s report under MCR 2.411(C)(3) or MCR 3.216(H)(6).

(4) The disclosure is necessary for a court to resolve disputes about the mediator’s fee.

(5) The disclosure is necessary for a court to consider issues about a party’s failure to attend under MCR 2.410(D)(3).

(6) The disclosure is made during a mediation session that is open or is required by law to be open to the public.

(7) Court personnel reasonably require disclosure to administer and evaluate the mediation program.

(8) The mediation communication is

(a) a threat to inflict bodily injury or commit a crime,

(b) a statement of a plan to inflict bodily injury or commit a crime, or

(9) The disclosure

(a) Involves a claim of abuse or neglect of a child, a protected individual, or a vulnerable adult; and

(b) Is included in a report about such a claim or sought or offered to prove or disprove such a claim; and

(i) Is made to a governmental agency or law enforcement official responsible for the protection against such conduct, or

(ii) Is made in any subsequent or related proceeding based on the disclosure under subrule (D)(9)(b)(i).

(10) The disclosure is included in a report of professional misconduct filed against a mediation participant or is sought or offered to prove or disprove misconduct allegations in the attorney disciplinary process.

(11) The mediation communication occurs in a case out of which a claim of malpractice arises and the disclosure is sought or offered to prove or disprove a claim of malpractice against a mediation participant.

(12) The disclosure is in a proceeding to enforce, rescind, reform, or avoid liability on a document signed by the mediation parties or acknowledged by the parties on an audio or video recording that arose out of mediation, if the court finds, after an in camera hearing, that the party seeking discovery or the proponent of the evidence has shown

(a) that the evidence is not otherwise available, and

(b) that the need for the evidence substantially outweighs the interest in protecting confidentiality.

(E) Scope of Disclosure When Permitted; Limitation on Confidentiality.

(1) If a mediation communication may be disclosed under subrule (D), only that portion of the communication necessary for the application of the exception may be disclosed.

(2) Disclosure of a mediation communication under subrule (D) does not render the mediation communication subject to disclosure for another purpose.

(3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.

End

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

Mediation only works if people can speak candidly, so this rule locks down what happens in the room. A mediation communication is broadly defined to include anything said, written, verbal, or nonverbal, made in the mediation process itself or in getting ready for it, and it's confidential: not discoverable, not admissible, and off-limits to disclose to anyone beyond the people involved in the mediation, except through one of the rule's listed exceptions.

Those exceptions are specific rather than open-ended: everyone involved agrees in writing to disclose; a statute or rule requires it; the communication is already part of the mediator's brief report to the court on how the process ended; a court needs it to resolve a fee dispute or an attendance issue; the session itself was open to the public; court staff need it to run the ADR program; the communication involves a genuine threat or plan to commit a crime; it involves a claim of abuse or neglect of a child, protected individual, or vulnerable adult being reported to the right authorities; it's part of an attorney discipline proceeding or a malpractice claim; or it's needed to enforce, rescind, or reform a settlement document, and the court finds after a private hearing that the evidence isn't available any other way and the need for it outweighs confidentiality. Even where an exception applies, only the specific portion needed for that purpose can come out, using it for that purpose doesn't open the door to using it for anything else, and evidence that would otherwise be discoverable doesn't become privileged just because it also came up during mediation.

Frequently Asked Questions

Can what I say during mediation be used against me later in the case?

Generally no. Mediation communications are confidential, not discoverable, and not admissible in any proceeding, apart from the rule's specific exceptions.

What are the main exceptions to mediation confidentiality?

Among others: everyone agrees in writing to disclosure, a statute or rule requires it, a threat of violence or crime is involved, a claim of abuse or neglect is being reported, or the disclosure is needed to enforce a settlement agreement reached through mediation.

Does information lose its confidentiality just because it came up in mediation?

No, and the reverse is also true: evidence that was already discoverable or admissible before mediation doesn't become privileged just because it was also discussed there.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.412). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: mediation confidentiality Michiganmediation privilege Michiganexceptions to mediation confidentiality