
Ask HN: Why can I not record a mediation meeting? - jelliclesfarm
I have been asked by the board of the non profit managing the land I license for a mediation&#x2F;dispute resolution meeting.<p>There are four on their side and just me representing my farm. I asked permission to record the meeting on audio as I won’t be able to take minutes. English is not my first language and even if I am fluent, there are almost always ‘no, that’s not what we meant’...<p>I now have resorted to referencing a dictionary to get my point across. I am just exhausted trying to decipher every sentence and making sure I understand the import of it as they meant it.<p>They refused, but said that I can bring a ‘friend or family member’ for support.<p>I don’t want support. I want documentation. Is this normal? I am in California.<p>It’s just bizarre to me. If both parties are aware and both can record the meeting, why is it not a fair means of keeping minutes of a meeting?
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aphextim
I am not a lawyer with that being said from my limited understanding...

No you cannot record if not all parties agree. Mediations are generally
considered confidential and cannot be used in court so recording the
conversation for any purpose would be a violation of the confidentiality.

That being said, even if were allowed to record it, anything said in that
mediation cannot be used in any litigation, as the mediation is confidential.
If you want to record it instead of taking notes, that might be a legitimate
reason to record it. However, for all practical purposes, recording a
mediation is unnecessary. If you get the dispute resolved, a formal agreement
will be drafted. If not, you will continue to litigate the issues.

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pwg
To add to @aphextim's comment, California is also a "two-party consent" state.
See: [http://www.dmlp.org/legal-guide/california-recording-
law](http://www.dmlp.org/legal-guide/california-recording-law)

That means (ignoring any other rules surrounding meditations) that to be
legally able to record the conversation, you need everyone who is being
recorded to consent. If even one person says no, you can not, legally, record
the meeting.

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sarcasmatwork
Not sure if its state or federal, but I just did one in federal court as
Plaintiff.

Mediation is usually off the record, therefore nothing said or done can be
used against the other party. Mediation only goal is for both parties to try
and or settle the day of the mediation.

You should have a lawyer present and be able to ask them all the questions if
you dont understand something.

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jelliclesfarm
Honestly, I don’t want to use it for litigation. I just want it for minutes of
the meeting.

I just find the language they use rather stilted and confusing. We end up
going round and round in circles clarifying meaning of words.

They are affiliated with the state and govt...so instead of stating something
simply in one sentence, it’s a bunch of words distributed amidst a couple of
sentences.

It’s frustrating because we are all speaking English. If I didn’t know
English, I could ask for a translator.

If mediation meetings can’t be used for litigation, what would their objection
be to be recorded? I am willing to be recorded too.

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sarcasmatwork
This is the mediators role and duty/job is to make sure all parties are on the
same page and or speaking the same language.

You are always free to tell the mediator that you want to define something, so
both parties are on the same page.

You're assuming that all parties will be in the same room. Sometimes parties
are not. Sometimes parties are in the same room at the very start and then
split off to different rooms. Sometimes one party arrives early and they go
into a private room while the mediator gets their offers/story (usually
Plaintiff first) then the mediator goes to the Defense and see's their
side/demands/offers in another private room.

Not sure what stage your're in, but before the mediation even started we had
to go at least two rounds of offers in a 2-week period of time. I had a
federal judge (free) acting as my mediator, yours might be a judge, 3rd party
etc.. Depends what everyone agrees on.

It's not about you're okay with being recorded... its all parties and the
mediator. The mediator runs the show.

Please talk to your lawyer asap and PLEASE ask him/her as many questions as
you can before, and during mediation. There is no time limit and remember
mediation is not required unless the judge says it is. Mediation can last 1
hour, or 8 hours. You can always walk away and also have the choice to do
mediation again if all parties agree.

Good luck!

~~~
jelliclesfarm
Thank you. I appreciate all the pointers. It isn’t as formal as that they
follow protocols. That’s what throws me off. It’s all supposed to be
‘informal’ and ‘friendly’ but when I bring up something..they keep shaking the
contract I signed in front of my face. It’s very frustrating. I have never
encountered anything like this before. Getting legal representation is only
going to make things hostile. And I don’t know if is worth it for me except to
win a battle of hurt ego after feeling ‘wronged’. I am trying to act in good
faith but it’s very intimidating to face the board ..and being asked to just
bring ‘a friend or family member’ is just weird. I might ask around for other
options so I can feel better going into this.

