E (A Child) (Mediation Privilege), Re (Rev 1)

E (A Child) (Mediation Privilege), Re (Rev 1)

References to discussions within family mediation are inadmissible in these proceedings as they are protected by mediation privilege and the 'without prejudice' rule, which can only be lifted in cases of risk of significant harm to a child or by the parties' consent. The father's application for disclosure of the mediator's notes and a witness statement is refused. Only the concluded parenting plan and subsequent non-privileged correspondence are admissible.

Parties
Applicant: SG; Respondent: SW
Jurisdiction
England and Wales
Judgment Date
07 December 2020
Procedural Posture
Hague Convention Child Abduction Summary Return Application / Interlocutory Application Regarding Admissibility of Mediation Evidence and Disclosure of Mediator's Notes
Outcome
Mother's application to exclude mediation discussions from evidence granted in part; father's application for disclosure of mediator's notes and permission to file a statement from the mediator dismissed.
Legal Topics
Mediation Privilege, Without Prejudice Rule, Disclosure of Evidence, Hague Convention 1980, Habitual Residence, Consent and Acquiescence Defences
Family Law International Law Child Abduction Mediation Privilege Without Prejudice Rule Disclosure of Evidence Hague Convention 1980 Habitual Residence +1 more

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Parties

SG

Applicant

SW

Respondent

Procedural Posture

Hague Convention Child Abduction Summary Return Application / Interlocutory Application Regarding Admissibility of Mediation Evidence and Disclosure of Mediator's Notes

Legal Issues

  1. 1 Whether references to discussions in family mediation are admissible in evidence in Hague Convention proceedings
  2. 2 Whether the mediator's notes and/or a witness statement from the mediator should be disclosed

Ratio Decidendi

References to discussions within family mediation are inadmissible in these proceedings as they are protected by mediation privilege and the 'without prejudice' rule, which can only be lifted in cases of risk of significant harm to a child or by the parties' consent. The father's application for disclosure of the mediator's notes and a witness statement is refused. Only the concluded parenting plan and subsequent non-privileged correspondence are admissible.

Court Disposition

Mother's application to exclude mediation discussions from evidence granted in part; father's application for disclosure of mediator's notes and permission to file a statement from the mediator dismissed.

Orders

  • References to discussions within the August 2020 mediation to be excluded from evidence at final hearing.
  • Father's application for disclosure of mediator's notes and permission to file a statement from the mediator is refused.