Mediation is without prejudice and confidential because it provides parties to mediation an entirely safe environment to voice their story and issues and explore options to settle the dispute in confidence that anything said will not be published out side the room or used against them in court. It is because mediation is confidential and without prejudice that it can encourage parties to meet in the first place as they know it is a safe environment to meet. It encourages communication and promotes an honest portrayal of their case to the other side as one side is not trying to protect information from the other. Some parties can be wary of public exposure in courts or other public forums and mediation is a private medium to resolve a dispute and protect sensitive information at the same time. Any documents produced for the mediation by both sides are produced without prejudice and are confidential and cannot be used in court.
BL, BA, Dip LS, Accredited Mediator (Mediation Forum Ireland)