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Separating couples considering family mediation sometimes worry that what they say in mediation or other matters relating to the mediation process will be reported to the judge if the mediation doesn’t work.

Whilst not unusual, this worry is ill founded. Mediation is a private process which is one of its main principles. Accordingly, a judge is not told about what happened in mediation other than the fact that it took place but didn’t achieve a settlement on some or all of the issues. It might be the case that some issues will have been resolved and it might be that both parties are then happy for the court to know about that.

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