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ARTICLE · 16 MARCH 2026

Burst Pipes And Legal Rites: A Case Study On Mediation Confidentiality

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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What happens in mediation stays in mediation – or at least, that is the expectation. For parties engaged in settlement negotiations, the ability to speak candidly without fear of their words being later used against...

United KingdomLitigation, Mediation & Arbitration
Jezamine Fewins
Jezamine Fewins
Carly Fan
Carly Fan
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What happens in mediation stays in mediation – or at least, that is the expectation. For parties engaged in settlement negotiations, the ability to speak candidly without fear of their words being later used against them is not merely a procedural nicety.

It is the very foundation upon which effective mediation rests. But what happens when one party, having failed to reach a settlement, seeks to prise open the door to the mediation room in subsequent court proceedings? The District Court decision in Lam Shun Yuen v Wong Suet Kiu [2024] HKDC 2056 provides a firm answer: that door remains closed.

Hong Kong's approach to mediation confidentiality reflects a robust commitment to protecting privileged communications. Lam Shun Yuen is a useful illustration of how stringently Hong Kong courts guard mediation communications, and the high threshold parties must meet to obtain disclosure.

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