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Mediation notes used in court?

 
Prisma
(@prisma)
Eminent Member Registered

Hi everyone,

 

Just wanting some advice,

Can notes and discussions from mediation be used in court? As far as I understand they are confidential?

Ex is saying that she is going to use the notes from mediation in court against me?

Quote
Topic starter Posted : 24/08/2021 7:58 pm
Daddyup
(@Daddyup)
Honorable Member Registered

Hi there

My understanding is that's correct. However, there is an 'interest of justice element' where a judge can set aside the confidentially if it is in the interests of justice. Depends on what notes she's intends to use and why.. You may need to seek to apply to dismiss any evidence/notes she intends to use from mediation.. Courts do not take this lightly and would only accept such notes in exceptional circumstances.. 

 

My knowledge comes from asking my solicitor a similar question as whilst in my case my ex and I are exempt from having to go through mediation, I wanted to see if anything said in mediation could be used against me... (it can be timely/costly if using a solicitor to challenge the use of such notes, if representing yourself you will need to familiarise yourself with case/common law and the legalities of it all to be able to challenge her, I wouldn't know where to start!).. 

 

All the best.. 

ReplyQuote
Posted : 24/08/2021 9:30 pm

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Bill337
(@bill337)
Famed Member

what's discussed in mediation is supposed to be confidential. with my experience of the courts, they didn't care what happened during mediation, as long as it was attempted before attending court.

ReplyQuote
Posted : 24/08/2021 10:26 pm
Stepmam
(@stepmam)
New Member Registered

Can you usevthe agreement you came to as evidence?

So not details of what was discussed but the document mediation send you saying this is what was agreed in your mediation session?

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Posted : 05/09/2021 10:33 am

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Bill337
(@bill337)
Famed Member

hi,

in your position statement you could write that in your own discussions between both parents, what was agreed or what current arrangement is in place. then state what the outstanding issues are that need to be resolved it.

ReplyQuote
Posted : 05/09/2021 11:59 am

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