During mediation, the parties are typically kept in separate rooms.  The mediation then moves between the two rooms in an attempt to build consensus.  The discussions with the mediator in each room, referred to as a caucus, are confidential.  In fact, all discussions, offers, and proposals that do not result in a written agreement are strictly confidential.  What occurs in mediation, other than the written agreement, never comes to the Court’s attention.  An exception to this rule would be if fraud is involved in a legally recognizable way.