Confidentiality of Mediation Communications

Civil Justice Quarterly, Vol. 30, pp. 192-203, 2011

University of Hong Kong Faculty of Law Research Paper No. 2012/005

12 Pages Posted: 13 Jan 2011 Last revised: 3 Feb 2012

See all articles by A. K. C. Koo

A. K. C. Koo

University of Oxford - Faculty of Law

Date Written: November 5, 2010

Abstract

This article seeks to analyze the limited protection afforded by the without prejudice rule, mediation agreement and legal professional privilege where it applies. It then appraises the role of statutory intervention in light of the United States Uniform Mediation Act and the European Union Mediation Directive. It concludes by arguing that there is a strong case for mediation privilege in the English civil justice system.

Keywords: Mediation, Confidentiality, Mediation Privilege, England and Wales

Suggested Citation

Koo, A. K. C., Confidentiality of Mediation Communications (November 5, 2010). Civil Justice Quarterly, Vol. 30, pp. 192-203, 2011, University of Hong Kong Faculty of Law Research Paper No. 2012/005, Available at SSRN: https://ssrn.com/abstract=1738907

A. K. C. Koo (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

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