The without-prejudice privilege does not apply if it was excluded by either party or if the privilege was waived in proceedings. Although mediation is private and confidential, the disclosure of privileged information in the presence of a mediator does not represent a waiver of the privilege.
The without-prejudice privilege does not apply if it was excluded by either party or if the privilege was waived in proceedings Although mediation is private and confidential, the disclosure of privileged information in the presence of a mediator does not represent a waiver of the privilege