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Squire Patton Boggs | United Kingdom | 24 Nov 2017

When Mummy doesn’t necessarily know best - mediation and maternity rights claims

At the end of my post on Maternity Action’s report on unfair redundancies I mentioned a number of the reasons why many recent mothers do not raise


Gowling WLG | United Kingdom | 25 Apr 2017

How to ensure information disclosed in a mediation remains confidential

As well as providing a reminder that mediation must be given proper consideration, the court has also recently provided a reminder that not all


Herbert Smith Freehills LLP | United Kingdom | 3 Feb 2017

Costs judge finds information from mediation is admissible when considering costs consequences of settlement

Documents produced for the purposes of mediation are generally covered by without prejudice privilege and, subject to limited exceptions, cannot


Herbert Smith Freehills LLP | United Kingdom | 19 Oct 2016

Settlement offer conveyed through a mediator found not to be protected by without prejudice privilege due to ‘unambiguous impropriety’

The Court of Appeal has recently applied the rarely invoked "unambiguous impropriety" exception to without prejudice ("WP") privilege, to find that a


Herbert Smith Freehills LLP | United Kingdom | 18 Oct 2016

Two High Court decisions illustrate broad application of without prejudice protection

In two recent cases, the courts have rejected attempts to introduce evidence of without prejudice (WP) communications. The decisions emphasise the


Hogan Lovells | South Africa | 30 Jul 2016

You should have promoted me

"You should have promoted me." These words often echo the feelings of a frustrated employee, who feels that they deserved to be promoted or appointed


Mayer Brown | Hong Kong | 2 Sep 2013

Recent developments in mediation

The following provides an update of recent developments in mediation in Hong Kong, including the establishment of the Hong Kong Mediation


McInnes Wilson Lawyers | Australia | 22 Jan 2013

Mediation settlement communications: exceptions to “without prejudice” privilege?

In Pihiga Pty Ltd v Roche 2011 FCA 240 (Pihiga) and Lewis v Nortex Pty Ltd (Lewis) the Federal Court confirmed that the common law "without


Gowling WLG | United Kingdom | 5 Jan 2012

Is it a bird? Is it a plane? Is it 'mediation privilege'?

Parties entering into a mediation usually sign a mediation agreement in advance which will include detailed and express provisions regarding confidentiality and privilege.


Penningtons Manches Cooper LLP | United Kingdom | 3 Nov 2011

Can you afford not to mediate?

The move towards using mediation as a form of alternative dispute resolution has accelerated in recent years.

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