Privilege in Mediation

In mediation, privilege refers to the legal confidentiality that protects certain discussions from being disclosed in court. It encourages open and honest communication between parties and the mediator by ensuring that what is said during mediation cannot be used as evidence later. This confidentiality fosters a trustful environment, helping parties explore solutions freely. Privilege typically covers statements, admissions, and documents shared during mediation, but not necessarily outside of it. It’s designed to promote cooperation and resolution without fear that statements will be used against either party later.