Tag Archives: confidentiality

High Court decision potentially extends exceptions to without prejudice protection

In a recent decision, the High Court has found that documents relating to negotiations regarding recoverable litigation costs had to be disclosed to a third party (the claimant in the present action) who had an interest in the outcome of … Continue reading

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Filed under Confidentiality and privilege

Costs judge finds information from mediation is admissible when considering costs consequences of settlement

A costs judge has held that information about a party's costs provided for the purposes of a mediation could be used as evidence when considering the cost consequences of a subsequent settlement: Savings Advice Limited v EDF Energy Customers Ltd … Continue reading

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Filed under Confidentiality and privilege, Costs, Mediation (General), UK

Singapore: proposed new legislation to encourage mediation

A Mediation Bill has recently been put before the Singapore Parliament with a view to encouraging the growth of mediation in the jurisdiction.  The three key proposals in the Bill (which echo similar provisions in the EU Mediation Directive and various other mediation laws … Continue reading

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Filed under Asia, Confidentiality and privilege, Government proposals and consultations, Mediation (General)

Settlement offer conveyed through a mediator found not to be protected by without prejudice privilege due to ‘unambiguous impropriety’

The Court of Appeal has recently applied the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege, to find that a written settlement offer conveyed through a mediator following an unsuccessful mediation was not protected by WP: Ferster v … Continue reading

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Filed under Confidentiality and privilege, Mediation (General), UK

Public consultation on mediation in the EU

The EU Commission has launched a consultation to gather views on the extent to which the EU Mediation Directive (2008/52/EC) has achieved its objectives and to consider whether any changes to the Directive are appropriate. Responses to the consultation will … Continue reading

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Filed under Europe, Government proposals and consultations, Mediation Directive

ADR in the UK – article published

Julian Copeman, a Herbert Smith Freehills partner and accredited mediator with CEDR (the Centre for Effective Dispute Resolution), recently published an article in Solicitors Journal addressing whether litigating parties are required to attempt ADR in the UK. He charts developments from the Woolf reforms to Lord Justice Jackson’s proposals, … Continue reading

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Filed under ADR, Confidentiality and privilege, Costs, Government proposals and consultations, Herbert Smith Freehills news, Mediation (General), Mediation Pilot Schemes, UK

Judicial mediation in mainland China explained

With the Chinese courts under increasingly heavy case loads, use of “judicial mediation” continues to be encouraged by all levels of the Chinese courts as a means of effective case management. Although mediation and “judicial mediation” both have long histories … Continue reading

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Filed under Asia, Confidentiality and privilege, Mediation (General)

Hong Kong proposes new legislation to protect the confidentiality of mediations

Mediation is one of the cornerstones of the Civil Justice Reform in Hong Kong, and has now become a fixture in civil proceedings. Despite the judicial emphasis on mediation, there is a perception that many parties are not yet comfortable … Continue reading

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Filed under Asia, Confidentiality and privilege, Government proposals and consultations, Mediation (General)

European Parliament publishes draft report on ADR in civil, commercial and family matters

In June 2011, the European Parliament published a draft report on ADR in civil, commercial and family matters. The report can be viewed here.

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Filed under ADR, Europe

Introduction of a Mediation Bill in Hong Kong

In an effort to provide a legal framework for conducting mediation in Hong Kong, the Mediation Task Force has recently announced that it aims to introduce the Mediation Bill into the Legislative Council towards the end of 2011. The Bill … Continue reading

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Filed under Asia, Confidentiality and privilege, Mediation (General)