Without prejudice & mediation confidentiality — what stays private

REVIEWED BY: Sean McNamara on 2026-08-28

Two shields every negotiating parent should understand

1. Without prejudice (WP)

Correspondence and conversations aimed at settling a dispute can be marked "without prejudice" — meaning the other side generally cannot show them to the judge if talks fail. This frees you to make offers and compromises without those offers being used against you at the final hearing.

Write "Without prejudice save as to costs" on settlement offers — the court MAY see those when deciding who should pay the legal costs of the fight
WP protects genuine settlement attempts. It does not protect lies, threats, or correspondence that's just hostile — judges can strip the label off documents that abuse it

2. Mediation confidentiality

What is said in mediation (and in a MIAM) is confidential and generally cannot be evidenced in court. Exceptions exist where the law requires disclosure — allegations of significant harm to a child or an adult, information about money/assets being hidden, or unlawful acts. Mediators explain their confidentiality agreement at the start.

Family proceedings themselves

Most family hearings are heard in private, and the general rule is that the parties must not share filed evidence or judgments identifying the family outside the proceedings (communications rules). Recent transparency pilots allow accredited reporters into certain family courts and permit publication of some anonymised judgments — but you still can't post your case on social media without risking contempt.

Practical takeaways

Negotiate in writing, headed WP, and keep copies
Make offers early and reasonably — costs consequences follow unreasonable refusal
Speak freely in mediation; it can't be quoted back at you (within the exceptions)
Never discuss your evidence publicly while proceedings are live

Official links

Mediation: https://www.gov.uk/looking-after-children-divorce/mediation
Transparency in family courts: https://www.judiciary.uk

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.