Returning to the Mediation Directive, Art 7 represents, no doubt, the
outcome of a committee - based compromise, by seeking to impose a broadly based privilege for mediators (and others «involved in the administration of the mediation process»)
against being compelled to give evidence in civil proceedings arising out of or in connection with a mediation process, subject only to two very narrowly drawn exceptions, which would not appear to recognise any of the established exceptions to the without prejudice
principle, save indirectly perhaps the fourth.