Is small claims mediation confidential?

[Tsc2011]

Hi. We’ve had some great legal advice from MN so I’m hoping someone can advise on this.

Are the offers made in mediation during the small claims process confidential?

I was under the impression they were but the other said has just detailed the offers in their witness statement to the court.

Yes they are. You need to write to them to say they need to redo their statement removing all reference to without prejudice negotiations. If they don't and the trial judge reads about that in the statement they might have to recuse themselves and adjourn the hearing which would cause a delay.

@lazysundaymorningcoffee thank you! I spoke to the mediation service and the court today and they advised I write to the court to explain and ask a judge to review it, which I have.
I’m really hoping there’s no extra delay- the hearing has already been vacated once and delayed by 3 months because the other party breached court protocol. We want it all done and dusted before Christmas if we can.