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Features
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 Mediation privilege is once again under scrutiny following Mr Justice Ramsey’s judgment in FarmAssist Limited (in liquidation) v The Secretary of State for Environment, Food and Rural affairs (No. 2) 2009 EWHC 1102 (TCC). Is confidentiality in mediation now hopelessly compromised? Writing for The Mediator Magazine, Michel Kallipetis QC and William Wood QC offer views from either side of the argument. Download the full article here. |
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Features
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 The Employment Act 2008 and the ACAS Code have not adopted any form of compulsion for mediation in the Tribunals and the references to mediation are not as positive as some had expected. Barristers Michael Duggan, Alexander Robson and Philip Bartle QC of leading employment set, Littleton Chambers, set out the implications of the new Act for mediators. |
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Features
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Arriving in London from Washington DC in 1996, David Shapiro billed himself as "Europe's most experienced mediator." His willingness to put legal merits front and centre in mediation set him apart from UK orthodoxy, but polarised the market's view of him. To his fans he's untouchable, an inexhausatble volcano of creativity and solutions. Others find him abrassive and overbearing. Here, Shapiro lays bare his secrets for The Mediator Magazine. Read more... |
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In conjucntion with law firm Hammonds and the Standing Conference of Mediation Advocates, the Mediator Magazine today publishes a new, 26-page report on mediation advocacy techniques. Entitled Effective Mediation Advocacy, the report is the brainchild of Hammonds consultant Charles Middleton-Smith and comprises the thoughts and observations of a dozen leading mediators as to what differentiates advocates who get the best outcomes for their clients and those who don't. |
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Features
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Is confidentiality in mediation now so compromised that the government must legislate for a specific mediation privilege? Not according to Bill Wood QC. 'We mediators might like to think that we perform a magical or priestly function,' he argues, 'but the truth is we cannot justify the application of a different and specific set of rules.' And in any case, he says, 'We will not get any legislation simply by informing the Ministry of Justice that the mediation gods are angry.' For more on this important review of mediation privilege, please read on or download the article as a pdf. |
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