Mediation FAQ 3

May statements made during mediation ever be used in court? Unless the commission of a crime is disclosed, or the intention to commit a crime, statements made during a mediation are regarded as statements made during the course of settlement negotiations, which are protected by the doctrine commonly referred to as ‘without prejudice’. These disclosures cannot be used as evidence in Court, to the extent that they are actually made in good faith, and for the purposes of settlement. This aids the mediation process, as it enables parties to play open cards with one another without fear that their disclosures will later be presented as evidence in Court.