Mediation: Secret Recording by a Party (Florida Mediator Ethics Advisory Opinion 2023-002)

Authors

James Coben, Mitchell Hamline School of LawFollow

Subject Area

Ethics/Malpractice

Document Type

Video

Publication Date

7-2025

Comments

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.

Recommended Citation

Coben, James, "Mediation: Secret Recording by a Party (Florida Mediator Ethics Advisory Opinion 2023-002)" (2025). Mediation Case Law Teaching Videos. 52.
https://open.mitchellhamline.edu/dri_mclvideo/52