Mediation Privilege – What is it and should we have it?

David Watkinson reflects on the reality of whether mediation privilege exists, and the differences between confidentiality and ‘without prejudice’, in the context of negotiations. Introduction All mediators are familiar with the principle that what is said or done in the course of a mediation stays in the mediation. Any body involved in a mediation process […]

Commercial and Civil Mediation

Blog by Dr Mary Malecka and Abigail Holt of the Garden Court Mediation Team The value of mediation to commercial and civil disputes is that it enables parties to reframe their dispute in a holistic fashion that takes into account the cost of litigation. This includes the personal emotional investment, and the prospect of successfully moving on from the dispute, […]

Researching Mediation of Medical Treatment Disputes

Dr Jaime Lindsey, currently Senior Lecturer in Law at the University of Essex (soon to be Associate Professor of Law at the University of Reading) is leading this research project to enable in-depth analysis of the use of mediation to resolve medical treatment disputes. Funded by an ESRC New Investigator Grant, the core aim of […]

The ‘BB3 Strategy’ Approach to a Mediated Negotiation

Author: Dr Mary Malecka A few years ago it cost me an arm and a leg to go to Boston and spend a week at Harvard law school for the program on negotiation course. Now, post-pandemic, everything is available online, and I recently had a day with William Ury and a small cohort of other […]