Tag: confidentiality
Showing 22 out of 22 results
ADR in the UK - article published
Julian Copeman, a Herbert Smith Freehills partner and accredited mediator with CEDR (the Centre for Effective Dispute Resolution), …
Judicial mediation in mainland China explained
With the Chinese courts under increasingly heavy case loads, use of "judicial mediation" continues to be encouraged by all levels of the Chinese courts …
Hong Kong proposes new legislation to protect the confidentiality of mediations
Mediation is one of the cornerstones of the Civil Justice Reform in Hong Kong, and has now become a fixture in civil proceedings. Despite the judicial …
European Parliament publishes draft report on ADR in civil, commercial and family matters
In June 2011, the European Parliament published a draft report on ADR in civil, commercial and family matters. The report can be viewed here.In the draft …
Introduction of a Mediation Bill in Hong Kong
In an effort to provide a legal framework for conducting mediation in Hong Kong, the Mediation Task Force has recently announced that it aims to …
Herbert Smith webinar on recent ADR developments
On 5 April 2011, Herbert Smith held a webinar to update clients and contacts from a range of industry sectors on ADR developments. The webinar was …
Supreme Court of India holds that mediation proceedings are confidential
On 7 January 2011 the Supreme Court of India, in the case of Moti Ram (D) Tr. LRs and Anr. Vs Ashok Kumar and Anr (Civic Appeal No. 1095 of 2008), held …
Mediator summoned to give evidence at trial regarding the mediation
In the recent case of Farm Assist Limited (In Liquidation) v The Secretary of State for the Environment, Food and Rural Affairs (No. 2) [2009] EWHC 1102 …
Conduct at mediation and its impact on costs assessed by the courts
In two recent cases (7th Earl of Malmesbury and others v Strutt & Parker [2008] EWHC 424 (QB) and Nigel Witham Ltd v Robert Smith and others [No.2] …
No such thing as mediation privilege - yet
In a recent High Court case, Brown v Rice & Patel [2007] EWHC 625 (Ch), Mr Stuart Isaacs QC (sitting as a deputy judge of the High Court) held that …