Confidentiality of Mediation Communications

A. K. C. Koo
The University of Hong Kong – Faculty of Law

November 5, 2010

Civil Justice Quarterly, Vol. 30, pp. 192-203, 2011
University of Hong Kong Faculty of Law Research Paper No. 2012/005


This article seeks to analyze the limited protection afforded by the without prejudice rule, mediation agreement and legal professional privilege where it applies. It then appraises the role of statutory intervention in light of the United States Uniform Mediation Act and the European Union Mediation Directive. It concludes by arguing that there is a strong case for mediation privilege in the English civil justice system.

Confidentiality of Mediation Communications

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