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Mediators as witnesses and evidence about mediators

Issue: Vol 4 No. 1 (2019)

Journal: Mediation Theory and Practice

Subject Areas:

DOI: 10.1558/mtp.40162

Abstract:

The paper reviews the confused legal position currently in England and Wales concerning mediators as a source of evidence, analysing the cases where mediators have been called and the grounds for refusing. It suggests greater resistance by mediators to attempts to call them as witnesses and greater willingness by judges to protect mediators from being called unnecessarily, questions what truly is ‘in the interests of justice’ in such decisions, and suggests considering such matters in private hearings first.

Author: Tony Allen

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