Glossary

Without prejudice

Definition: Without prejudice means that what is said cannot later be used as evidence in court.

Reviewed by Chris Yaffes, FMC-accredited mediator (FMC URN 0961A). Last reviewed 9 July 2026.

Mediation discussions are without prejudice, so you can explore options and make offers freely, knowing they will not be quoted against you if the case later goes to court.

This is why the Memorandum of Understanding is confidential. The Open Financial Statement, by contrast, is open and can be shown to the court.

Frequently asked questions

Why is mediation without prejudice?

So both people can negotiate openly. Offers made in mediation cannot be used as evidence if the case later goes to court.

Is everything in mediation confidential?

Discussions are confidential and without prejudice, but financial disclosure is open, and mediators must act on genuine safeguarding concerns.

Sources

  1. Family Mediation Council, Code of Practice, familymediationcouncil.org.uk. Accessed 9 July 2026.