Brown v Rice & anor [2007] EWHC 625 (Ch)

Construction Focus: Time for a new privilege?

In the second of two articles focusing on mediation, John Starr considers confidentiality and privilege ‘It is clear that communications that take place in the context of mediation are confidential and the parties will often sign a mediation agreement to that effect.’ In last month’s column, I looked at the question of whether the enthusiasm …

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In Practice: Always a privilege?

Helen Cort examines the nature of without prejudice communications, competing public interests and privilege in ADR It appears that while mediation involving children matters does attract special protection, there is not a blanket exemption covering all mediation. Family lawyers will be familiar with without prejudice communications, but how often is a query raised as to …

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