Tony Allen, CEDR, provides a digest of (2020, UK) decisions that relate to mediation and its place in civil justice, including costs sanctions for not mediating, confidentiality of the mediation process, judicial encouragement and facilitation of mediation, and conflicts of interest and mediator appointments.
https://www.cedr.com/mediation-law-during-the-covid-19-pandemic/
Read MoreHarry Spur (IPOS) discusses a recent UK case that considered when the privilege that would otherwise protect negotiations may be set aside: what is said in a mediation will not always remain confidential.
https://mediate.co.uk/blog/case-law-update-when-can-confidentiality-at-mediation-be-overridden/
Read MoreJeff Kichaven considers, from a US perspective, why a mediator's promise of the confidentiality of the process may not be a promise he can keep, and explains why he doesn't promise confidentiality.
Read MoreArticle explains the concepts of confidentiality and without prejudice privilege in the mediation context and exceptions which may allow the courts to look behind them.
https://www.bpe.co.uk/discover-bpe/why-bpe/insights/2018/07/what-goes-on-behind-closed-doors/
Read MoreArticle considers, with reference to a 2017 UK case, when ostensibly without prejudice disclosures in mediation may not remain confidential.
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