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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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