Yesterday evening I had the pleasure of attending the Civil Mediation Council’s inaugural Academic Lecture, hosted in partnership with UCL’s Centre for Dispute Resolution. The speaker was Michel Kallipetis KC, who delivered a compelling and thought-provoking exploration of one of the most vital—yet still under-defined—pillars of mediation: confidentiality and mediation privilege.
Kallipetis made a powerful case that, although English courts have spent the last quarter-century urging parties to resolve disputes by alternative means—from Halsey through to Churchill—we have still not fully equipped mediation with the legal protection it requires to thrive. As mediation continues to expand across all areas of dispute resolution, he argued that the time has come for the courts to recognise a distinct mediation privilege rather than relying solely on the without-prejudice doctrine.
What struck me most were the real-world examples he shared from his own practice as a mediator. Time and again, he described situations where parties felt safe enough—because of confidentiality—to speak openly about their hopes, frustrations, fears, and even “bottom lines”. These frank disclosures, made in private caucus and protected from exposure, enabled resolutions that would have been impossible through litigation or ordinary negotiation.
His point was clear: mediation works because it allows people to speak freely. Remove or water down that protection, and one of mediation’s defining strengths evaporates.
To illustrate the power of human connection in conflict resolution, he drew an evocative parallel with the Christmas Truce of 1914 (often mistakenly cited as 1913). Even in the midst of the First World War, sworn enemies emerged from their trenches, laid down their weapons, and talked. For a brief moment, humanity overcame hostility. That moment of voluntary ceasefire is perhaps the purest historical example of what can happen when adversaries feel safe enough to cross the divide—an instinct mediation seeks to harness every day.
Kallipetis warned, echoing concerns raised by Lord Briggs, that if we do not properly protect mediation confidentiality, we risk undermining its effectiveness just as the courts are increasingly mandating or encouraging its use. The modern mediator’s role is no longer simply about “cutting a deal”; it is about managing information, trust, emotion, and complexity. That requires clear, formalised legal protection, not assumptions.
It was an excellent event and an important reminder, especially for those of us practising mediation, ADR, or litigation, that confidentiality is not a procedural nicety—it is the engine room of mediation itself.
Thank you to the Civil Mediation Council, UCL, and Michel Kallipetis KC for an outstanding and timely lecture.
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