If an ADR process fails to produce a settlement, could what we say during that process be subsequently used against us in court?

 

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16. If an ADR process fails to produce a settlement, could what we say during that process be subsequently used against us in court?

No. Everything that is said during the ADR process is said in confidence. Having said that, however, your opponents will bear in mind any concessions you would have been prepared to make, in assessing the strength of their own court case - and so will you. So proffered concessions may influence each side's actions, even though neither can refer to such concessions in court.