I am about to embark on mediation with a Defendant in a fast track court. We are currently at the pointing of submitting directions questionnaires.
I understand that discussions held during mediation are 'without prejudice' and therefore can't be used in court if agreement is not reached.
What is to prevent the Defendant producing vital evidence at mediation with the intent of ensuring that this cannot then later be used by me (the Claimant) later in court?
this feels like a great way to bury evidence that does not support your side of the case. What have I missed here?
Thanks
I understand that discussions held during mediation are 'without prejudice' and therefore can't be used in court if agreement is not reached.
What is to prevent the Defendant producing vital evidence at mediation with the intent of ensuring that this cannot then later be used by me (the Claimant) later in court?
this feels like a great way to bury evidence that does not support your side of the case. What have I missed here?
Thanks
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