Privilege and Legal Proceedings

All discussions and negotiations in mediation must be conducted on a legally privileged basis. Before the mediation commences the participants must agree in writing that discussions and negotiations in mediation are not to be referred to in any legal proceedings, and that the mediator cannot be required to give evidence or produce any notes or records made in the course of the mediation, unless all participants agree to waive the privilege or the law imposes an overriding obligation of disclosure upon the mediator.

Participants must agree that all factual information material to financial issues must be provided on an open basis, so that it can be referred to in legal proceedings.

All information or correspondence provided by either participant should be shared openly and not withheld, except any address or telephone number or as the participants may agree otherwise.

Privilege will not apply in relation to communications indicating that a child or other person is suffering or likely to suffer significant harm, or where other public policy considerations prevail.

All links will go here.

• who is family mediation for?
• Why use mediation?
• How does mediation work?
• What matters can be discussed in family mediation?
• Do I have to attend family mediation?
• How neutral and impartial is the family mediator?
• Confidentiality in the meetings?
• Independence of the mediator and Conflicts of interest?
• Welfare of Children?
• Abuse and power imbalances within the family?
• Conduct of the mediation?