header-logo header-logo

Mediation privilege?

02 April 2009 / Mr Justice Briggs
Issue: 7363 / Categories: Features , Procedure & practice , Mediation , Family
printer mail-detail

Part 1: Mr Justice Briggs on the search for a proportionate way of ensuring confidentiality in mediation

The first thing which a mediator usually says to the parties when they gather together in one room at the beginning of a typical mediation is something along these lines: “Everything that takes place today is absolutely confidential. You may make offers to each other and you may unburden yourselves to me about the strengths and weaknesses of your case, and about your hopes and fears in relation to the litigation, secure in the knowledge that nothing said today can be repeated in the outside world or, in particular, in court if today's process does not lead to a settlement.”

That this is what is said not merely in this country, but all round Europe if not all round the world, is reflected in recital 23 in the EU Directive on Mediation.

“Confidentiality in the mediation process is important and this Directive should therefore provide for a minimum degree of compatibility of civil procedural rules with regard to how

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll