Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 23C (2026)

Work product of mediator confidential; confidential communications; exception; mediator defined

✓ current as of July 2026

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Section 23C. All memoranda, and other work product prepared by a mediator and a mediator's case files shall be confidential and not subject to disclosure in any judicial or administrative proceeding involving any of the parties to any mediation to which such materials apply. Any communication made in the course of and relating to the subject matter of any mediation and which is made in the presence of such mediator by any participant, mediator or other person shall be a confidential communication and not subject to disclosure in any judicial or administrative proceeding; provided, however, that the provisions of this section shall not apply to the mediation of labor disputes.

For the purposes of this section a ''mediator'' shall mean a person not a party to a dispute who enters into a written agreement with the parties to assist them in resolving their disputes and has completed at least thirty hours of training in mediation and who either has four years of professional experience as a mediator or is accountable to a dispute resolution organization which has been in existence for at least three years or one who has been appointed to mediate by a judicial or governmental body.

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 1993–2025 · leading case: Johnson v. Boston Pub. Schs., 906 F.3d 182 (1st Cir. 2018).

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Johnson v. Boston Pub. Schs., 906 F.3d 182 (1st Cir. 2018). “We note also that the BSEA claims in its brief that, separate from the due process hearing, Johnson and BPS did in fact participate in a mediation held before a BSEA mediator.”

Bobick v. United States Fid. & Guar. Co., 790 N.E.2d 653 (Mass. 2003). “The plaintiff’s attempt to characterize this offer as a privileged communication under G. L. c. 233, § 23C, is unavailing. That the offer of $200,000 was extended (presumably, jointly by USF&G and Continental) and rejected is undisputed and is relevant to demonstrate USF&G’s…”

ZVI Constr. Co., LLC v. Levy, 60 N.E.3d 368 (Mass. App. Ct. 2016). “9 See G. L. c. 233, § 23C. While the first judge did not explicitly so state in her decision on the motion to strike, it is implicit in her discussion of § 23C that she believed the statute did not apply, because, in addition to alleging that Levy’s statement was made at…”

Bobick v. United States Fid. & Guar. Ins., 781 N.E.2d 8 (Mass. App. Ct. 2003). “Accordingly, his damages were reduced by twenty per cent, resulting in an award of $120,000. A separate and final judgment entered on these claims.”

Logistics Info. Sys., Inc. v. Braunstein, 432 B.R. 1 (D. Mass. 2010). “The bankruptcy court, relying on the Massachusetts “mediation statute,” Mass. Gen. Laws ch. 233, § 23C, excluded the evidence.”

In re a Grand Jury Subpoena, 722 N.E.2d 450 (Mass. 2000). “233, § 21B (evidence of reputation of sex crime victim’s sexual conduct); G. L. c. 233, § 23C (work product of mediator).”

In re Bott, 969 N.E.2d 155 (Mass. 2012). “” See also G. L. c. 233, § 23C, which provides for confidentiality of communications and nondisclosure of a mediator’s work product, and defines a mediator as: “[A] person not a party to a dispute who enters into a written agreement with the parties to assist them in resolving…”

Town of Clinton v. Geological Servs. Corp., 21 Mass. L. Rptr. 609 (Mass. Super. Ct. 2006). · cites it 7× “Clinton, while indicating that it has produced all evidentiary documents submitted during the arbitration, nevertheless asserts that G.L.c. 233, §23C provides a statutory privilege for all communications and submissions made by the parties to Mr.”

Urban v. Zurich Am. Ins. Co. (D. Mass. 2024). “Plaintiff has also objected to the majority, if not all, of the SOF on the grounds that M.G.L. c. 233, § 23C declares that discussions before a mediator are confidential, and that the information is inadmissible.”

Marandino v. United States Fire Ins. Co. (D. Mass. 2025). “” Mass. Gen. L. c. 233, § 23C. Courts have interpreted this provision to “confer[] blanket confidentiality protection on the mediation process, including an explicit prohibition on disclosure in judicial proceedings, without listing any exceptions.”

White v. Holton, 1 Mass. L. Rptr. 213 (Mass. Super. Ct. 1993). · cites it 2× “233, §23C Defendant argues that summary judgment must be granted because the present action is barred by G.L.c. 233, §23C which deals with the confidentiality of a mediator’s work product.”

ZVI Constr. Co. v. Levy, 31 Mass. L. Rptr. 419 (Mass. Super. Ct. 2013). “Levy and Lawson rely primarily on two bases for their position: the Mediation Agreement between the parties; and the statutory confidentiality provided by G.L.c. 233, section 23C. They point out that the Mediation Agreement bars the use of any communication for any purpose, and…”

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