By Jess Knauf Mediation 7th March 2024

Can you Record Family Mediation Meetings for court?

Falling under the area of family law, family mediation serves as a positive tool for resolving disputes amicably. However, questions sometimes arise regarding whether you can record mediation sessions and the potential use of such recordings in court. In this blog post, we address the question “Can you Record Family Mediation Meetings for court?” and we take a look at the implications surrounding this issue.

Understanding the Confidentiality of Family Mediation

It is important to understand that family mediation operates under a strict framework of confidentiality. The essence of family mediation lies in creating a safe space where parties can openly discuss their concerns and work towards mutually acceptable solutions. Both parties must be free to make and consider offers without prejudice.

The Challenge of Secret Recordings

Despite the desire for transparency, secretly recording family mediation sessions poses significant legal challenges. First and foremost, such recordings directly contravene the confidentiality principle inherent in family mediation. It is highly likely that your family mediator would be required to immediately end the session and call a halt to mediation as a method of dispute resolution. When parties consent to engage in mediation, they implicitly trust that discussions will remain private and will not be used against them in future legal proceedings and they sign an agreement to mediate to confirm this.

Legal Implications of Secret Recordings

Admissibility in Court: In England and Wales, family court judges may exercise their discretion when considering evidence obtained through covert recordings. However, the court is likely to scrutinise the circumstances surrounding the recording, including the motive behind it. Illegally obtained evidence, such as secret recordings in violation of confidentiality, are highly likely to be deemed inadmissible and could impact negatively on your case. The bottom line is, if you record what is discussed in family mediation sessions, it is highly unlikely that this could be used for any legal purpose. And it may go against you when the judge is considering whether you acted reasonably and responsibly to try to resolve matters before court.

Breach of Trust: Secretly recording family mediation sessions not only violates legal principles but also erodes the foundation of trust essential for successful mediation. Parties may become hesitant to engage in open dialogue if they fear their words could be used against them in future legal proceedings. There would be an onus on the mediator to stop mediation if it is discovered that recording were made.

Impact on Family Mediation Outcomes: The awareness that sessions may be recorded could alter the dynamics of the mediation process, inhibiting honest communication and hindering the possibility of reaching a mutually agreeable resolution.

Recording at Family Court

Secretly recording at Family Court is strictly forbidden and could land you in a lot of trouble. In November 2023, the Honourable Mr Justice Cobb jailed Jason-Steven Wong for four months for recording the proceedings and four months’ imprisonment, to run concurrently, for publishing the recording on YouTube. You can read more about the case here.

Summary

In conclusion, it is important to recognise that secretly recording family mediation sessions is not a feasible or advisable course of action. The bedrock of family mediation lies in confidentiality, and breaching this trust carries legal and ethical consequences. Parties are encouraged to engage in mediation with confidence, knowing that the process is designed to foster open communication and resolution in a private and protected environment.

It is likely to bring an end to the mediation process and incur more expenses by forcing you both to use another method of dispute resolution

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Jess Knauf / About the Author

Director of Client Strategy at Mediate UK | Co-founder of Family Law Service | Member of Resolution | Published Author

Jess Knauf is the Director of Client Strategy at Mediate UK, the UK's top-rated family mediation service, and co-founder of Family Law Service, a fixed-fee legal services platform for people going through divorce or separation.

With over six years' experience in family mediation, client experience, and service design, Jess oversees the content, communications, and client strategy across both brands. She is the named author and editorial lead for all published content on Mediate UK and Family Law Service, and is responsible for the accuracy and quality of every guide, blog post, and legal resource across both sites.

Jess is a member of Resolution, the national organisation of family justice professionals. She is indexed on ORCID and Google Scholar, and her work has been cited in published family law and mediation research.

Jess is the author of The Complete Guide to Divorce in England and Wales, available on Amazon.

She has built a library of over 100 guides, free tools (including the UK's only MIAM exemption calculator), downloadable resources, and a spousal maintenance calculator used by thousands of families each year.

Jess's approach to content is built on three principles: accuracy (fact-checked against current legislation), accessibility (plain English, no legal jargon), and empathy (understanding that behind every search query is a real person going through a difficult time).

Can you Record Family Mediation Meetings for court?