Common use of Privileged Clause in Contracts

Privileged. This means we cannot refer to any discussions or proposals suggested or discussed by either of us in any future court proceedings and that the Mediator cannot be required to give evidence or produce any notes or records made in the course of the mediation, unless the participants agree to waive the without prejudice basis on which the Mediation is conducted or the law imposes an overriding obligation of disclosure upon the Mediator.

Privileged. This means we cannot refer to any discussions or proposals suggested or discussed by either of us in any future court proceedings and that the Mediator cannot be required to give evidence or produce any notes or records made in the course of the during mediation, unless the participants agree to waive the without prejudice basis on which the Mediation is conducted or the law imposes an overriding obligation of disclosure upon the Mediator.