Common use of The Mediation Clause in Contracts

The Mediation. 8.1 Parties, their Representatives, their advisers and the Mediator and Assistant Mediator (if any) shall keep confidential and shall not reveal save as required by law and insofar as may be necessary to bring into effect or enforce the settlement agreement:- 8.1.1 any written summaries of the Parties’ cases; 8.1.2 any statements whether oral or written made in the course of the Hearing; 8.1.3 any concessions or admissions of law or fact; 8.1.4 that any settlement has been reached; 8.2 The Mediation shall be confidential and shall be treated as though the same was a negotiation conducted upon a “without prejudice” basis with a view to settling proceedings and shall be privileged according to law. 8.3 No recording or other verbatim record shall be made or kept of the Mediation. 8.4 All documents, written case summaries, written submissions, written concessions or admissions of law or fact or written statements (whether prepared specifically for the purposes of the Mediation or not) used or disclosed for the purposes of the Mediation and in the possession of the Mediator shall be destroyed after the conclusion of termination of the Mediation. 8.5 The Parties shall not be permitted to rely upon any expression of opinion, advice or comment made by the Mediator in the course of the Mediation in or for the purposes of any legal or similar proceedings or any form of alternative dispute resolution in relation to the Dispute or any matter related to or concerning the subject matter of the Mediation. 8.6 The Parties will not call the Mediator or any employee or consultant of DMC as a witness nor require them to produce in evidence any records or notes relating to the Mediation in any litigation, arbitration or any other formal process arising from or in connection with the Dispute and the Mediation, nor will the Mediator nor any DMC employee or consultant act or agree to act as a witness, expert, arbitrator or consultant in any such process.