Apologising 'Safely' in Mediation

Abstract

Apologies are often given during mediation. Expressions of regret, remorse, sorrow or sympathy may go some way to resolving the conflict between parties in mediation. Parties and mediators will benefit from understanding how the law and lawyers view apologies. What are the legal implications of making an apology? Why are parties sometimes advised by their lawyers not to apologise? What benefits are there from a legal perspective for a party to make an apology in mediation? Is it possible to apologise “safely”? This article explores the answers to these questions and the meaning of “apology” in the legal context.