What "without prejudice save as to costs" means

All communications exchanged through Mediate-AI — including position statements, reservation prices, settlement proposals, counter-offers, caucus notes, and any messages — are conducted on a "without prejudice save as to costs" basis under English civil procedure.

Effect of this rule

Nothing said in the mediation can be used as evidence of liability or admission against the speaker in any subsequent Court proceedings on the same dispute
The privilege belongs jointly to both parties; it cannot be unilaterally waived
BUT — under the "save as to costs" exception — the existence of the mediation, the fact a party engaged or refused to engage, and the conduct of a party during the mediation may be referred to in any later costs argument under CPR 44.2 (per Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416)

What stays private to one party

Reservation prices — your absolute floor (claimant) or ceiling (defendant). The AI uses these to know whether a deal exists, but never reveals the number to the other side
Caucus notes — private notes you share with the AI mediator between proposal rounds. Used to inform the AI's reasoning without being revealed verbatim
Evidence uploads — the AI sees them, the other party doesn't (unless you choose to disclose)

What is shared between parties

The polished Mediation Brief and Defence (after both sides have submitted)
The authorities the claimant relies on (carried over from upstream case-law analysis)
Each round's settlement proposal and AI-written reasoning
Each party's accept/reject/counter response
The Settlement Agreement (when settled) including bank details added by the Claimant

Confidentiality between Mediate-AI and external parties

We do not disclose mediation contents to anyone outside the parties except where required by law (e.g. Court order under exceptional circumstances such as fraud or proceeds-of-crime obligations). See our Privacy Policy.

Certificates

Where issued, our Refusal-to-Engage Certificate, Bad-Faith Engagement Certificate, and Mediation Record are designed to be admissible in any subsequent costs argument. They record only the procedural facts (invitation sent, dates, response or non-response) — they do not reveal the without-prejudice content of the mediation itself.