Courts are likely to regard the discussions as privileged. What you say during mediation cannot later be used in Court as evidence. We will ask each of you to agree that all discussions during mediation take place only to attempt to reach a settlement and are on the basis that they are confidential and will not be referred to in evidence in any court proceedings or affidavit about the same issue.

Facts disclosed during mediation are regarded as open; this includes the information provided when mediating about finances. This information will need to be verified with supporting documents during mediation. While it remains confidential, the information may be used subsequently in court. This means that if an agreement is not reached in mediation, you can still use it as the basis for further discussions.