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 […]
Civil and commercial mediation, is it time for a radical overhaul?
Kate Aubrey-Johnson explores what we can learn from the use of mediation in Special Educational Needs and Disability (SEND) Disputes As all practising lawyers are aware, mediation provides a mechanism for resolving legal disputes. However, all too often, mediation is only considered once parties have embarked on litigation. In my experience, the earlier a dispute can […]
Mediation Uncovered!
Thanks to all today’s panellists for a stimulating and revealing afternoon facilitated by Helen Curtis at Garden Court Chambers. Eileen Carroll QC (Hon), Graham Ross and Stephen Walker spoke about the pressure of being a client, the responsibility of making a possibly life-changing decision during mediation and the need to know beforehand what you want out of […]
Agreeing not to meet in mediation
Many disputes, suitable for mediation, are over the ownership of land and use of and access to space. Boundaries which aren’t agreed, communal areas accommodating diverse interests, levels of noise between proximate buildings all trigger strong emotional responses. The people on either side of the fence – literally – perhaps disputing the height of the […]
