No Mediation Privilege as yet. Why not?
No Mediation Privilege as yet. Why not?
What protection should parties be able to rely on when they are encouraged, or required, to mediate? In the inaugural CMC Academic Lecture, Michel Kallipetis KC explores whether the time has come for the courts to recognise a distinct mediation privilege, and why this question matters in practice as much as in law.
The Civil Mediation Council is pleased to publish the full written lecture delivered by Michel Kallipetis KC at its inaugural Academic Lecture, hosted in partnership with UCL’s Centre for Dispute Resolution at UCL Faculty of Laws.
It has long been held that there is no specific privilege that arises in the context of mediation. The courts continue to maintain that without-prejudice privilege is sufficient to protect discussions that take place with a view to settle disputes where mediation takes place.
In his lecture, Michel Kallipetis KC considers whether the time is now ripe and appropriate for the courts to recognise the need for a distinct form of privilege separate from without-prejudice privilege: mediation privilege.
The lecture was introduced by Professor Eloise Scotford, Dean of UCL Laws, and Kelly Stricklin-Coutinho, Chair of the Civil Mediation Council. A Q&A session was facilitated by Dr John Sorabji and Dr Anna Howard, with closing remarks delivered by Professor David Ormerod KC. The event was attended by an invited audience in person and online.
Following the lecture, CMC Chair Kelly Stricklin-Coutinho reflected on its significance: “What a gift Michel gave us with this lecture. He delivered incisive analysis, powerfully human stories of why safety matters so much in mediation, and gave us a compelling answer to what mediation privilege could look like. We are fortunate to have had the benefit of Michel’s wisdom.”
About the speaker
An alumnus of UCL, and 40 years practice in the field of general commercial, professional negligence and employment law, Michel left Littleton Chambers, of which he had been Head, and founded Independent Mediators Ltd, to practice as a full-time mediator. He is a Distinguished Fellow and Past President of the International Academy of Mediators. He was the first Chairman of the England and Wales Bar Council ADR Committee, a member of the working party which drafted the EU Code of Practice for Mediators, and gave expert opinion to JURI, the legal service committee of the European Parliament, prior to its adopting the European ADR Directive, and was a representative at the UNCITRAL Working Group II which drafted the Singapore Convention He is recognised by Who’s Who Legal as a Thought Leader and was Mediator of the Year in 2017. He has been in full time mediation practice for nearly two decades and covers a wide field of civil and commercial disputes in the UK and internationally. He has long advocated for a distinct mediation privilege.
About the partnership
The inaugural Academic Lecture was hosted in partnership with UCL’s Centre for Dispute Resolution and marked the launch of the CMC Academic Lecture series. The event reflected a shared commitment to advancing academic and practical engagement with mediation and to highlighting its role within dispute resolution and the justice system.
UCL’s Centre for Dispute Resolution is a new academic hub dedicated to promoting greater understanding, accessibility and development of dispute resolution to advance the rule of law for all. The new research centre – which launched in October 2025 – is led by Co-Directors Associate Professor John Sorabji and Professor David Ormerod, and brings together a wide range of internationally leading scholars from within the Faculty, as well as experienced and prestigious honorary academic staff and visiting members.
