Common use of Subsequent Proceedings Clause in Contracts

Subsequent Proceedings. 7.1 All parties acknowledge that information, electronic communications and documents brought into existence for and statements made in the mediation are privileged and are inadmissible in proceedings to determine issues in the dispute. In particular, client legal privilege shall not be waived by the disclosure in the mediation of an electronic communication or document to which that privilege attaches. Nevertheless, a disputant may prove objective facts by direct evidence in any proceedings, notwithstanding that knowledge of those facts was obtained through a privileged communication.

Subsequent Proceedings. 7.1 All parties acknowledge that information, electronic communications and documents brought into existence for and statements made in the mediation are privileged and are inadmissible in proceedings to determine issues in the dispute. In particular, client legal privilege shall not be waived by the disclosure in the mediation of an electronic communication or document to which that privilege attaches. Nevertheless, a disputant Disputant may prove objective facts by direct evidence in any proceedings, notwithstanding that knowledge of those facts was obtained through a privileged communication.

Subsequent Proceedings. 7.1 All parties acknowledge that information, electronic communications and documents brought into existence for and statements made in the mediation are privileged and are inadmissible in proceedings to determine issues in the dispute. In particular, client legal professional privilege shall not be waived by the disclosure in the mediation of an electronic communication or document to which that privilege attaches. Nevertheless, a disputant may prove objective facts by direct evidence in any proceedings, notwithstanding that knowledge of those facts was obtained through a privileged communication.