Family mediation has moved from the margins to the mainstream of dispute resolution in both the UK and the US. In England and Wales, the Family Mediation Information and Assessment Meeting (MIAM) is now a pre-requisite before most private law family proceedings - a gatekeeping step designed to divert cases from court. In the US, court-connected mediation programmes operate in all 50 states. The mediator's challenge is to create a space of genuine openness while maintaining a record adequate for any subsequent court process.
Documenting mediation with care
With the explicit consent of all parties, Listen records the mediation session. Diarisation identifies [Mediator], [Party A] and [Party B]. The AI summary extracts: issues raised, proposals floated, concessions made, and points of agreement. This working document reduces drafting time for the Memorandum of Understanding that a successful mediation produces. For notarial or legal appointments that may follow, see our article on solicitor and notary appointments.
The privileged nature of mediation communications
In England and Wales, mediation communications are protected by without-prejudice privilege under case law. In most US states, mediation communications are similarly privileged under the Uniform Mediation Act or state equivalents. The Listen transcript is a working document internal to the mediation process - it should be treated as privileged and not disclosed to courts without the parties' agreement.
Include a reference to the recording in the initial agreement to mediate, confirming that the transcript is privileged and will not be used outside the mediation process without mutual consent.
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