Mediation on the move: Privilege, disclosure and the cost (or not) of refusal

Mediation is now embedded in the fabric of UK civil justice — and its influence is increasingly felt across international dispute resolution. For litigators and in-house counsel, staying current is no longer optional. The courts’ approach to ADR is evolving quickly, with direct implications for privilege, disclosure strategy, costs exposure and professional risk.

This panel will provide a focused but substantive update on the issues that matter most to practising lawyers.

We will examine the current boundaries of without prejudice protection in mediation and the absence of a standalone mediation privilege in English law. In an environment where disclosure obligations are under sharper procedural control, understanding how ADR materials are treated is critical to protecting clients and avoiding unintended waiver.

The session will also explore the courts’ changing stance on refusal to mediate. Lawyers must now advise clients with a clear understanding of when declining mediation may be defensible — and when it may carry adverse costs consequences.

We will also consider procedural developments and what the increasing institutional support for mediation signals for future reform. For international practitioners, the session will place UK developments in a broader global context, examining how UK mediation principles influence cross-border disputes and how they compare with emerging ADR frameworks overseas.

For UK lawyers, this is about risk management, costs protection and professional responsibility. For international lawyers, it is about understanding the direction of travel in one of the world’s leading dispute resolution jurisdictions — and the likely ripple effects across common law systems.

In short, this session equips practitioners to advise confidently, strategically and in line with the latest judicial and procedural developments shaping mediation today.