Confidentiality and Privilege. 7.1 The Mediator and the Parties agree to keep confidential all information and documents concerning the Dispute which are disclosed during the Mediation. Any disclosures, exchanges and all aspects of any communication occurring within the Mediation shall be “without prejudice”. 7.2 Any information disclosed or furnished by a Party to the Mediator on a confidential basis will be kept confidential by the Mediator and will not be disclosed by the Mediator to any of the other Parties save with the consent of the Party who furnished such information. 7.3 Subject to clause 11, in any judicial proceedings, the following will always be kept confidential and will remain privileged, and the Parties and the Mediator will not disclose nor rely upon them nor issue nor cause to be issued any subpoena to give evidence or to produce documents concerning them: 7.3.1 any settlement proposal; 7.3.2 the willingness of a Party to consider any such proposal; 7.3.3 any statement, admission or concession made by any of the Parties; 7.3.4 any statement or document made by the Mediator; 7.3.5 any views expressed, suggestions made or exchanges passing (whether written or oral) between any of the Parties and the Mediator or between the Parties themselves; and 7.3.6 any document brought into existence for the sole purpose of the Mediation.
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Samples: Mediation Agreement, Mediation Agreement, Mediation Agreement
Confidentiality and Privilege. 7.1 The Mediator and the Parties agree to keep confidential all information and documents concerning the Dispute which are disclosed during the course of the Mediation. Any disclosures, exchanges and all aspects of any communication occurring within the Mediation shall be “without prejudice”.
7.2 Any information disclosed or furnished by a Party to the Mediator on a confidential basis will be kept confidential by the Mediator and will not be disclosed by the Mediator to any of the other Parties save with the consent of the Party who furnished such information.
7.3 Subject to clause 11, in any judicial proceedings, the following will always at all times be kept confidential and will remain privileged, and the Parties and the Mediator will not disclose nor rely upon them nor issue nor cause to be issued any subpoena to give evidence or to produce documents concerning them:
7.3.1 any settlement proposal;
7.3.2 the willingness of a Party to consider any such proposal;
7.3.3 any statement, admission or concession made by any of the Parties;
7.3.4 any statement or document made by the Mediator;
7.3.5 any views expressed, suggestions made or exchanges passing (whether written or oral) between any of the Parties and the Mediator or between the Parties themselves; and
7.3.6 any document brought into existence for the sole purpose of the Mediation.
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Samples: Mediation Agreement