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.