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InsightsPosts From July 2018

Construction & Engineering

‘What goes on behind closed doors…’

One of the great strengths behind mediation, whether conducted before the issue of proceedings or after, is that it allows the parties to have frank discussions about their dispute. The law protects the secrecy of those discussions by two methods. Firstly, confidentiality principles. Secondly, without prejudice privilege. This article is an explanation of both, with an explanation of those exceptions which may allow the courts behind those ‘closed doors’.

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