" Mediation is the art of finding a deal no one can refuse "

Andrew Gubbins » Mediation » Problems After Mediation

Problems After Mediation

If a party has an issue with the terms of settlement after the Mediation has concluded and wishes to subpoena a Mediator to give evidence on what was said and agreed at the Mediation, what happens?
 
A Mediator shall not be compelled to appear as a witness or expert in any pending or future adversarial or judicial proceeding involving any one or more of the parties relating in any way to the subject matter of the mediation. Any notes of the Mediator are confidential to the Mediator and shall not be available to the Parties at any time, or subject to subpoena for production as evidence in any arbitration, judicial or other proceedings. The Mediator will shred all notes after the Mediation has concluded. A Mediator must maintain his or her confidentially to all matters pertaining to the mediation at all times. All conversations and statements arising in the mediation between all parties are without prejudice in any event therefore what each party said during the mediation is inadmissible in evidence.

Andrew Gubbins

BL, BA, Dip LS, Accredited Mediator (Mediation Forum Ireland)

Coleman, Lisronagh, Clonmel, Co. Tipperary

Telephone: 052 6131813 | Mobile: 0868641352
Fax 052 6131813