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Can i record a mediation without telling anyone? Recording?

Customer Question
Can i record a...

Can i record a mediation without telling anyone?

Lawyer's Assistant: Have you documented this or discussed it with HR?

Recording?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I work for UMKC, I believe it's employ at will...full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am being discriminated against for aski g for ADA accommodations. The facilitator for today's mediation is an attorney. I want to make sure it is legal to record the meeting without telling any of the parties

Submitted: 8 months ago.Category: Employment Law
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Answered in 4 minutes by:
9/15/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,369
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Missouri is a "one party consent" recording state, meaning that at least one party to the conversation has to agree to the recording. If you are a party to the conversation, then you can agree to record it and you don't have to ask others if they are going to allow it.

Now, if you are asked if you are recording, you can't misrepresent that fact. I often ask if people are recording before starting a mediation, because the idea is that a mediation is supposed to be an opportunity for people to speak and try to reach an agreement without the threat of creating evidence against themselves. By recording it, you'd be going against that entire idea.

Their statements today wouldn't be evidence anyway. It will be statements about what they think, what they want and what they believe about your statements, but it is not intended to be evidence. Though legal to record, it is unlikely that you'd be able to use it for anything other than your own record.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 8 months ago
The reason I want to record it is if I need to file a lawsuit I will have that recording to give to my attorney so he/she can understand how they are handling it. So if they ask of I'm recording I have to answer?
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago

You can't lie about recording, no. That would be misrepresentation, which you can't do.

You don't have to tell anyone that you are recording, but you can't misrepresent when specifically asked.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago

I certainly understand your desire here and it is valid. That being said, as an attorney that sues employers, I have never had a recording of a mediation. Not one single time in my entire career.

I ask the client what was discussed because I like to know where the employer seemed to be headed with their thinking, but a recording wouldn't have been useful to me because it wouldn't be admissible.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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Allen M., Esq.
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