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Re D (Minors)

Posted on 31/12/1993 · Posted in Mediation

Privilege in Mediation

The Court of Appeal stated that “a substantial and, to our knowledge, unquestioned line of authority establishes that where a third party receives information in confidence with a view to conciliation the courts will not compel him to disclose what was said without the parties’ agreement.”

This led the Court of Appeal to the conclusion that statements made to a mediator in the course of negotiations would in normal circumstances not be admissible as evidence at trial. However, the Court of Appeal accepted that in exceptional circumstances statements to mediators would could be used as evidence. On the facts exceptional circumstances did exist; the maker of the statements to the mediator had in the past has caused or was likely in the future to cause serious harm to the well-being of a child.

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