000 01535cad a22001935a 4500
001 L143777
008 080530e20080423xxk f v 000 0 eng d
035 _a(Sirsi) u143777
041 0 _aeng
245 0 0 _aCumbria Waste Management Ltd v Baines Wilson Ltd
_h[electronic resource]
260 _c2008
520 _a[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.
590 _aKA
650 2 4 _aCUMBRIA WASTE MANAGEMENT LTD V BAINES WILSON LTD
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
856 4 0 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2008/786.html&query=cumbria+and+baines&method=boolean
_zView the judgment free of charge at www.baiili.org...
942 _n0
999 _c80272
_d80272