Abstract: This article examines whether "Mediation Privilege" has become the need of the day in order to ensure confidentiality in mediation. The without prejudice principle iterates that communications transpired in the course of an unsuccessful mediation cannot be utilized or referred to as evidence in subsequent proceedings. The exceptions to this rule evidenced by recent Judgements and the EU Mediation Directive 2008/52/EC create loopholes which permit the usage of confidential information and communications used in the course of mediation. In order to cover this void and resurrect mediation, privilege provisions providing for confidentiality in mediation have to be enacted.