Is what I say at mediation confidential in Ontario legal proceedings?

Yes, mediation in Ontario is confidential, and what is said during a mediation session generally cannot be used as evidence in any subsequent court proceeding. Rule 24.1 of the Rules of Civil Procedure expressly provides that mediation sessions are confidential, and the parties typically sign an agreement to mediate that reinforces this protection.

This confidentiality serves a critical purpose: it encourages candid discussion. Parties and their lawyers can explore settlement options, acknowledge weaknesses, and make offers without fear that these statements will later be used against them in court. The mediator likewise cannot be called as a witness to testify about what happened during the mediation.

There are narrow exceptions. Confidentiality does not protect communications that amount to threats of serious physical harm or that disclose ongoing criminal activity. Some courts have also found that a written settlement agreement signed at the end of a mediation is not shielded from disclosure — it is the agreement itself, not protected communications. Finally, there may be reporting obligations that override confidentiality, such as obligations under child protection legislation. Outside these narrow exceptions, parties can speak freely during mediation, which is one of the process's greatest advantages over open-court litigation.