Mediation FAQ 3

Jun 20, 2014 | 2012 - 2014, News

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.

Discuss this article with me

Recent Articles

Education Maternity Care: Managing Clinical and Legal Risks Through Early Maternal Education

Education Maternity Care: Managing Clinical and Legal Risks Through Early Maternal Education

Managing Risks Associated with Autonomous Systems in Energy and Resource Management

Managing Risks Associated with Autonomous Systems in Energy and Resource Management

Transferring Immovable Property from a Deceased Estate: Understanding the Process

Transferring Immovable Property from a Deceased Estate: Understanding the Process

Thinking of Buying or Selling Immovable Property? Here’s a Guide to the Associated Costs

Thinking of Buying or Selling Immovable Property? Here’s a Guide to the Associated Costs