Burness
Sponsored Links
This presentation is the property of its rightful owner.
1 / 9

David Morgan & Morag Hutchison 9 November2012 PowerPoint PPT Presentation


  • 59 Views
  • Uploaded on
  • Presentation posted in: General

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

Download Presentation

David Morgan & Morag Hutchison 9 November2012

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


BurnessEdinburgh \ 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

  • Protected conversations


Types of Mediation

ACAS

Mediation

Judicial

Mediation

Private

Mediation


“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” Issues

  • Mediation Agreement

  • Key clauses:

  • Confidentiality obligations

  • Mediator’s duties

  • Attendees

  • Fees

  • When settlement becomes binding

  • Circumstances in which mediation will end


“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


Protected Conversations

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

a frank conversation” (David Cameron)


A

Q


BurnessEdinburgh \ Glasgow

[email protected]

Morag [email protected]

@[email protected][email protected]


  • Login