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David Morgan & Morag Hutchison 9 November2012

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Burness Edinburgh \ Glasgow. Mediation: Legal Issues & Protected Conversations HE/FE Mediation Forum. David Morgan & Morag Hutchison 9 November2012. What are we going to cover?. Types of “legal” mediation Confidentiality of mediation Agreement to Mediate Settlement Agreement

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Presentation Transcript
slide1

BurnessEdinburgh \ Glasgow

Mediation:

Legal Issues & Protected Conversations

HE/FE Mediation Forum

David Morgan & Morag Hutchison

9 November2012

what are we going to cover
What are we going to cover?
  • Types of “legal” mediation
  • Confidentiality of mediation
  • Agreement to Mediate
  • Settlement Agreement
  • Protected conversations
types of mediation
Types of Mediation

ACAS

Mediation

Judicial

Mediation

Private

Mediation

legal issues
“Legal” Issues
  • Is the mediation confidential?
  • Mediator will keep everything confidential
  • What about the parties? What if mediation doesn’t succeed? Can information from mediation be used in tribunal claim?
legal issues1
“Legal” Issues
  • Mediation Agreement
  • Key clauses:
  • Confidentiality obligations
  • Mediator’s duties
  • Attendees
  • Fees
  • When settlement becomes binding
  • Circumstances in which mediation will end
legal issues2
“Legal” Issues
  • Settlement Agreement
  • Key clauses:
  • Identification of parties
  • Terms of settlement
  • Timelines for actions (e.g. Payment of sums/withdrawal of claims)
  • Confidentiality
  • Announcements
  • Disposal of existing claims
  • Signatures
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Protected Conversations

“So a boss and employee feel able to sit down together and have

a frank conversation” (David Cameron)

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A

Q

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BurnessEdinburgh \ Glasgow

[email protected]

Morag [email protected]

@DavidMorganLLB/@MoragHutchison/@BurnessEmpLaw

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