• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Mediation - can the Defendant submit evidence that then can't be used in court

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Mediation - can the Defendant submit evidence that then can't be used in court

    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
    Tags: mediation

  • #2
    I don't follow your point. If it's evidence they want to keep buried, why produce it at all?

    Comment


    • #3
      My point is the opposite. If the Defendant brings up new evidence during a mediation session that either a) might support my case or b) might work against him then this will be inadmissible in court and so effectively buried by the process.
      How can that help?

      Comment


      • #4
        They are supposed to disclose all relevant evidence. If you know about items they have not disclosed you ask the court for an order that they disclose them.

        Comment


        • #5
          OK - thanks.

          Comment

          View our Terms and Conditions

          LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

          If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


          If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
          Working...
          X