[2007] EWHC 625 (Ch). Exceptions exist to the confidentiality of mediation which can be used in court proceedings; mediators should avoid unqualified assurances and indicate that the without prejudice rule is subject to exceptions. The case also shows the importance of clarity regarding offers and their terms; and the importance of a well-drafted mediation agreement. The case concerned a dispute in a bankruptcy which went to mediation. The claimant alleged he had accepted an offer to settle. The respondent claimed that an offer had not been made and argued that communications during mediation were not admissible as evidence. Held: the alleged offer to settle made at mediation had not provided for how the outstanding litigation was to be finally disposed of and had not been agreed in writing as the parties had previously stipulated. Nor were timescales and payments made explicit. Therefore the offer was incomplete and a final settlement had not been reached. The without prejudice rule did not apply; mediation is subject to the law (see also L142156).