On 10th December 2025, UCL’s Centre for Dispute Resolution hosted the Civil Mediation Council’s inaugural Academic Lecture. Delivered by UCL alumnus, Michel Kallipetis KC the lecture, “No Mediation Privilege As Yet …Why not?” examined the need for a distinct mediation privilege which extends beyond the without-prejudice privilege that commonly applies to mediation. It has long been held that there is no specific privilege that arises in the context of mediation. In his lecture, Michel considered 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 process of mediation hinges on trust and Michel’s lecture cast a bright light on why confidentiality sits at its very heart. The evening explored both the legal framework and the human stories that reveal why protecting the mediation process matters now more than ever.
“If parties choose or are ordered to resolve their disputes by mediation, they have a right to expect that the courts will safeguard them from any consequences of fully engaging in the mediation process.”
His lecture “No Mediation Privilege, as yet… Why Not?” explored the legal landscape with clarity, grounding the discussion in case law that shapes current thinking on whether there ought to be a discrete mediation privilege. That rigorous analysis is fully captured in the written lecture is available here. Final Version of CMC Lecture for UCL – Michel Kallipetis KC
Drawing on significant developments in mediation in England and Wales as well as compelling anonymised examples from Michel’s mediation experience, Michel explained why the time is now ripe for a distinct mediation privilege. With an emphasis on ensuring that parties feel safe in sharing what is most important to them, Michel argued for a more expansive approach to confidentiality for mediation. Michel also set out the core components of such an approach and identified the likely objections to such a development.
At a time of increasing emphasis on mediation and its place in the justice system, the event proved very popular and was delivered to a packed lecture theatre and with over 150 attending online. Those who attended have described the lecture as, ‘compelling and thought-provoking,’ ‘powerful,’ ‘captivating’.