Cumbria Waste Management Ltd v Baines Wilson Ltd [electronic resource]
Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWHC 786 (QB). This decision reinforces the confidentiality of what happens during mediation. In future, courts might allow special mediation privilege worthy of judicial protection because the parties agreed in writing to keep the mediation process confidential. The key issue in the case was whether disclosure could be ordered by the court, against the wishes of one of the parties to the mediation, where the conduct of the representatives of the other party was subject to a professional negligence claim. Held: due to 'without prejudice' and contracted confidentiality, it would be wrong to order disclosure of mediation documents. In particular, the judge wanted mediators to be free to conduct mediations without fear that their notes might be disclosed to others.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 143777-2001 |
[2008] EWHC 786 (QB). This decision reinforces the confidentiality of what happens during mediation. In future, courts might allow special mediation privilege worthy of judicial protection because the parties agreed in writing to keep the mediation process confidential. The key issue in the case was whether disclosure could be ordered by the court, against the wishes of one of the parties to the mediation, where the conduct of the representatives of the other party was subject to a professional negligence claim. Held: due to 'without prejudice' and contracted confidentiality, it would be wrong to order disclosure of mediation documents. In particular, the judge wanted mediators to be free to conduct mediations without fear that their notes might be disclosed to others.