During your mediation, all discussions with your Mediator will be undertaken in the privacy of your own room (a ‘virtual room’ in online mediations) and the information that arises from those discussions will remain entirely confidential and will be given ‘Without Prejudice’ status.
In terms of confidentiality, that means that nothing either party says to the Mediator will be passed on to the other party unless express permission is given. You will therefore be free to openly speak your mind without fear of that information being passed on. That can only help the Mediator to help you.
In terms of the process being ‘Without Prejudice’, it means that nothing that is said between the parties can leave the meeting and cannot be used later in correspondence or any proceedings. To go further, it specifically means that any offers, concessions or admissions made on either side in an effort to find a solution, as well as any information disclosed, cannot be used in any subsequent litigation unless required by the law. This is a very important part of mediation because by opening up the conversation without fear of any come-backs, there will be a much better chance of finding a solution.