Resources > Mediation: Secret Recording of Mediation by a Participant
Mediation: Secret Recording of Mediation by a Participant
Jim Coben
This lesson plan includes a video and teaching material based on a Mediator Ethics Advisory Opinion. During a Zoom mediation, one party disclosed in private session that they had recorded the joint session (audio and video) without prior consent of the mediator or other participants. Florida law generally requires consent from all participants to record conversations, so this recording may constitute a crime. The mediator sought an ethics advisory opinion from the Florida Supreme Court’s Mediator Ethics Advisory Committee.
NOTE: Law of recording conversations varies from state to state.
Mediation: Secret Recording of Mediation by a Participant: Teaching Notes (PDF)
Video and additional materials available at Mitchell Hamline Open Access.