What’s the Big Deal About “Without Prejudice” in Mediation?

I hope you do not get into an estate dispute. Traditional estate disputes are slow and expensive. But court is not the only way of resolving estate lawsuits. Mediation is now used to resolve estate disputes successfully. This is the subject of my latest guide on how mediation can end your estate dispute.

Let me explain how this benefits you if you are in a lawsuit or dispute and what “without prejudice” means.

One key advantage of mediation is that it is private and confidential. The meetings are on a “without-prejudice” basis. Without prejudice is a significant benefit of mediation and protects all persons involved in the dispute.

“Without prejudice” is used during mediation. This allows everyone to talk freely about how to end their dispute. You are protected from surrendering your rights. This is fundamental to mediation. All persons at the mediation sign “without prejudice” agreements. These agreements confirm that they will not refer to any material or discussions later in court. This confidentiality also protects mediators from producing their notes or their discussions.

“Without prejudice” discussions during mediation cover all material. You can consider all options without fear you are prejudicing your position. For example, you can disclose or admit fault during mediation but this later cannot be used against you in court.

Here’s another example:

You can offer to settle a claim for $100,000. Your offer later cannot be mentioned or raised in court. You are free during mediation to make or provide your best shot to resolve your dispute without worrying that any court will later hear about your offer to settle.

Your offer to pay $100,000 can never be used against you in a court proceeding. “Without prejudice” allows you to negotiate directly with other persons at the mediation.

Interested in a consultation to end your estate dispute? Take advantage of Ed’s $375 meeting to discuss your needs. Set up a meeting today.