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02 April 2009 / Mr Justice Briggs
Issue: 7363 / Categories: Features , Procedure & practice , Mediation , Family
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Mediation privilege?

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

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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