Tag Archives: privilege

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

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)

Herbert Smith webinar on recent ADR developments

On 5 April 2011, Herbert Smith held a webinar to update clients and contacts from a range of industry sectors on ADR developments. The webinar was presented by Alexander Oddy, partner in the Litigation and Arbitration division and head of … Continue reading

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Filed under ADR, Confidentiality and privilege, Herbert Smith Freehills news, Mediation Directive, UK

Supreme Court of India holds that mediation proceedings are confidential

On 7 January 2011 the Supreme Court of India, in the case of Moti Ram (D) Tr. LRs and Anr. Vs Ashok Kumar and Anr (Civic Appeal No. 1095 of 2008), held that mediation proceedings were confidential in nature, and … Continue reading

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Filed under Asia, Confidentiality and privilege

Civil Mediation Council (CMC) guidance on mediators’ obligations under the Proceeds of Crime Act 2002

Section 328 of the Proceeds of Crime Act 2002 (PoCA) provides that it is an offence for a person to be involved in an arrangement that he knows or suspects will facilitate the acquisition, retention, use or control of criminal … Continue reading

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Filed under Financial Services, Mediation (General), Mediators, UK

Mediator summoned to give evidence at trial regarding the mediation

In the recent case of Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No. 2) [2009] EWHC 1102 (TCC) Mr Justice Ramsey considered an application by a mediator to set aside … Continue reading

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