The dispute involved a son and father falling out over business ventures and family finances. 

After an apparently successful mediation, a settlement agreement was signed. The father agreed to pay £200,000, but payment was late, instalments were made instead, and the son claimed losses exceeding £1.4 million as a result.

The claimant argued that he had told the mediator, in private session, that timely payment was essential, and that the mediator had been authorised to communicate this to the defendant. This led to the mediator’s emails, WhatsApps and phone records being scrutinised in court, a stark reminder that ‘confidentiality’ is not always a shield. 

The judgment raised several red flags for practitioners:

• Shuttle as risk, not refuge. By acting as messenger rather than facilitator, the mediator became entangled in a “he said / she said” dispute over what was conveyed.

• Settlement agreements need clarity. Conflicting dates, vague terms, and no consistent signing process created fertile ground for litigation.

• Process discipline matters. The mediation agreement itself appeared not to have been signed by both parties — a basic oversight with potentially serious consequences.

• Confidentiality has limits. While private sessions remain protected, written communications can and do make their way into court.

For lawyers, the lesson is that advising clients to “just mediate it” is not enough. 

Settlement agreements reached in mediation need the same forensic care you would bring to any binding contract. For mediators, the case underlines the importance of structure, process, and professional vigilance, even when shuttle feels like the safer option.

It is no accident that mediation practice and ethics are increasingly under the spotlight in England and Wales and Ireland. 

With the growth of mediation in employment and commercial disputes, cases like Zaloumis v Steele will not remain rare. They underline the need for trained mediators who can balance flexibility with procedural rigour and for lawyers who truly understand what good mediation looks like.

That’s why in January, in Dublin, we are running our Accredited Mediation Training Course: five intensive days designed to give legal professionals both the practical tools and the ethical frameworks to mediate effectively and confidently.

Because in mediation, as this case shows, the devil really is in the detail.

For more information visit MediatorAcademy.com